HomeMy WebLinkAboutAgreement_General_6/12/2025_Thompson Consulting Srvc t h o m p s o n
CONSULTING SERVICES
End User Professional Services Agreement
General Terms and Conditions
This End User Professional Services Agreement("Agreement")by and between Thompson Consulting Services,LLC(hereinafter referenced as
"Consultant")and the undersigned client(hereinafter referenced as"Client"or"End User");
Whereas,Consultant has entered into an agreement for Disaster Debris Management and Support Services(Agreement Number 22-202)effective
as of May 8,2022—May 7,2025 with the Solid Waste Authority of Palm Beach County(hereinafter referred to as"Authority Contract'and attached
as Exhibit A);
Whereas,the Authority Contract was extended through May 7,2028 through Amendment#1 to the agreement on February 261',2025,attached
as Exhibit B;
Whereas,the Authority Contract acknowledges that the End User may enter into an agreement with the Consultant through the Authority Contract;
Whereas,Client desires to be an End User under the Authority Contract;
Whereas,both parties hereby agree to be bound to the terms and conditions of the Authority Contract;
Now therefore,in consideration of the mutual covenants to be performed by the parties pursuant to this Agreement,each party hereby represents,
warrants,and agrees as follows:
1. TERM&APPLICABILITY
The term of this Agreement shall commence on the Effective Date and shall expire on the same date set forth in the Authority Contract.The term of
this Agreement shall be dependent upon any renewals of the Authority Contract.Any exercised renewal of the Authority Contract shall automatically
renew the term of this Agreement for the same period of the Authority Contract,unless Client or Consultant notifies the other party in writing prior to
the expiration of the then current term of its intent not to renew this Agreement.This Agreement shall apply to all work performed at the request of the
Client or for the benefit of the Client during the term hereof(the"Work")unless both parties agree in writing that the terms and conditions hereof shall
not apply.
2. SCOPE OF WORK
Consultant shall perform such Work as the Client may direct from time to time during the term hereof following the issuance of a Notice to Proceed
and in accordance with Exhibit A attached hereto.
3. FEE FOR SERVICES
The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultants Billing Rates as set
forth in the Authority Contract,including any amendments to Authority Contract.
4. INFORMATION PROVIDED BY OTHERS
Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder.Consultant
may rely on the accuracy of information provided by Client and its representatives.
5. NOTICES
Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five
(5)days after mailing by first-class,registered,or certified mail,return receipt requested,and postage prepaid.
6. MISCELLANEOUS
A.If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the
provision declared invalid or unenforceable shall continue as to other circumstances.
B.This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument,but all of which taken
together shall constitute one instrument.
Page 1 of 2 Modified:May 1,2025
thompson
CONSULTING SERVICES
End User Professional Services Agreement
General Terms and Conditions
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives.
Effective Date: J V n to ' d 1 D o d
THOMPSON CONSULTING SERVICES,LLC VILLAGE OF TEQUESTA,FL
By: By: tt
Name: Nate Counsell Name: 1
Title: Executive Vice President Title: 101-
Date: 04/18/25 Date: ( - Q,
Address: 2601 Maitland Center Parkway Address: 3 4 T-e gtwtt k FY
Maitland,FL 327514110
Please return executed copy of these terms and conditions to the attention of:
Lydia Pena
LPena@thompsoncs.net—Email
(407)792-0018—Phone
Page 2 of 2 Modified:May 1,2025
thompson
CONSULTING SERVICES
End User Professional Services Agreement
General Terms and Conditions
EXHIBIT A
Modified:May 1,2025
YOUR PARTNER FOR
SOLI)WASTE SOLUTIONS
AGREEMENTFOR
DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
THOMPSON CONSULTING SERVICES, LLC
AGREEMENT NO.22.202
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FLORIDA 33412
(561)640.4000
JL:EBL:E:OF CONTENTS
ARTICLE PAGE
1, Effective Date and Incorporation of Recitals.........................................1
2. Services to be Performed by Consultant..............................................1
3. Compensation.....................................................................................1
4. Insurance. __ __..................................................... ............. .........2
5. Standard of Care.................................................................................3
6. Indemnification....................................................................................3
7. Independent Consultant......................................................................3
8. Authority to Conduct Business.............................................................3
9. Compliance with Laws........................................................................I
10. Sub-Consultant...................................................................................4
11. Federal and State Taxes.....................................................................4
12. Availability of Funds.......................................................................,....4
13. Authority's Responsibilities..................................................................4
14. Default................................................................................................4
15. Termination for Convenience...............................................................4
16. Uncontrollable Forces.........................................................................5
17. Jurisdiction, Venue,Waiver of Jury Trial and Remedies.......................5
18. Commercial Non-Discrimination Policy.................................................5
19. Waiver................................................................................................6
20. Severability..... ...................................................................................6
21. Entirety of Agreement and Modification................................................6
22. Successors and Assigns.....................................................................6
23. Contingent Fees..................................................................................6
24. Truth-in-Negotiation Certificate............................................................7
25 Ownership of Documents....................................................................7
26. Public Records.Access and Audits......................................................7
27. Inspector General...............................................................................8
28. Notice.................................................................................................9
29. Contract Administration.......................................................................9
30. Key Personnel .................................,...............................................10
31. Equal Business Opportunity Program................................................10
32. Scrutinized Companies......................................................................11
33. Agreements with other Governmental Entities....................................11
34. Third Party Beneficiary Disclaimer........................
35. E-Verify-Employment Eligibility....................................................-11
36. Buy America Requirements......... .............. ......................................12
37 Disadvantaged Business Enterprises.................................................12
38. Certification Regarding Suspension and Debarment...........................13
39. Access to Records and their Retention.....................
40. Audit Requirements...........................................................................13
41. National Environmental Policy Act(NEPA)................... 13
42. Americans with Disabilities Act.......................... ...................14
43. Compliance with Title Vl,Title VII and other
Federal Laws and Regulations..........................................................14
44. Convict Labor Prohibition..................................................................14
ContractExecution.......................................................................... .15
Agreement No.22-202 -i-
EXHIBITS
A. Scope of Work..................................................................................16
B. Fee Schedule....................................................................................20
ATTACHMENTS
A. Buy America Requirements...............................................................21
i
Agreement No.22-202 ii-
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of fit'f'1 L 2 6 2022 (hereinafter referred to
as the Agreement) by and between Solid Waste Authority of Palm Beach County, a special district created
by Chapter 2001-331 Laws of Florida, as amended, (hereinafter referred to as AUTHORITY) and THOMPSON
CONSULTING SERVICES, LLC (hereinafter referred to as CONSULTANT and when referred to collectively with
AUTHORITY,the Parties).a Florida Corporation,whose Federal Employer ID Number is 45-2015453:
Whereas,in accordance with the AUTHORITY's Request for Proposals No 22-2020L,solicited to employ the services
of the CONSULTANT for the purpose of providing Disaster Debris Management and Support Services.. and:
Whereas.CONSULTANT represents it is qualified.capable and prepared to provide such services,
Now, therefore, in consideration of the promises contained herein and other good and valuable consideration, the
receipt of which is acknowledged by the other.the Parties hereto agree as follows
ARTICLE 1•EFFECTIVE DATE AND INCORPORATION OF RECITALS
1.1 The foregoing recitals are hereby incorporated herein by reference.
12 The Effective Date of this Agreement shall be May 8,2022,and the Term of this Agreement shall expire on
May 7,2025.
1.3 The Initial Term of Agreement shall be for a three(3) year period, beginning on the Effective Date, unless
otherwise terminated as provided herein The AUTHORITY shall have the option of extending the Agreement
for three(3)additional years,as approved by the AUTHORITY's Board,or designee, in its sole and unfettered
discretion, on the same terms and conditions. Such extension shall be in the form of a written Amendment to
the Agreement executed by both Parties.
ARTICLE 2-SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT shall perform the services as specifically stated in the Scope of Work,attached hereto and made a part
hereof as Exhibit "A", and/or as may be specifically designated and authorized by the AUTHORITY. Such
authorizations will be referred to as Work Assignments, Each Work Assignment shall set forth the speck services
required, the amount of compensation, and the completion date. In addition,the CONSULTANT may employ the use
of sub- consultant(s) whose services are necessary to the CONSULTANT in the provision of services and upon
specific approval for individual Work Assignments. In such case the sub-consultant, the specific services to be
performed, and his/her compensation (including a not-to-exceed amount) shall be identified as part of the Work
Assignment.
ARTICLE 3-COMPENSATION
3.1 The AUTHORITY shall pay CONSULTANT in accordance with the Fee Schedule,attached hereto and made
a part hereof as Exhibit'13% In addition, the Parties may negotiate a lump sum or not-to-exceed amount on a
per-project basis on an individual Work Assignment,
3.2 All invoices must reference this Agreement along with the assigned purchase order number and the Work
Assignment.
3.3 CONSULTANT shall submit a monthly invoice for services rendered. Invoices shall include a statement of
progress made regarding the Work Assignment,a description of services rendered,and a breakdown of hours
spent on the project. There shall be no reimbursable expenses allowable.
Agreement No, 22-202 1
3A Payment of invoices shall be within thirty (30) days after receipt of a correct, fully documented invoice All
invoices shall be delivered to:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach,Florida 33412
AIM,Accounts Payable
3.5 CONSULTANT will clearly mark its final/last billing with the words "Final Invoice This will certify that all
services have been fully performed under this Agreement and that all charges and costs have been invoiced
to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs, not included
in the Final Invoice, shall be waived by CONSULTANT. The AUTHORITY shall not be liable for the payment
of any such additional charges or costs not included in the Final Invoice,
ARTICLE 4-INSURANCE
4.1 During the performance of the Services under this Agreement, CONSULTANT shall maintain the following
insurance policies written by an insurance company authorized to do business in Florida and acceptable to
the AUTHORITY.
1, General Liability Insurance with bodily injury limits of not less than $2,000,000 for each
occurrence.and with property damage limits of riot less than$2.000,000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each
person and not less than $1.000,000 for each accident and with property damage limits of not
less than$1.000,000 for each accident.
3. Workers'Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than$1,000,000 for each accident.$1,000,000 for each
disease,and$1,000,000 aggregate.
4 Professional Liability Insurance with limits of not less than$1,000,000 annual aggregate.
4.2 Deductible amounts shall not exceed 5%of the total amount of required insurance in each category. Should
any policy contain any unusual exclusions, said exclusions shall be so indicated on the certftate(s) of
insurance.
4.3 CONSULTANT shall furnish AUTHORITY Certificates of Insurance, which shall include a provision that
policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30) days
after written notice has been given to the AUTHORITY. CONSULTANT shall include AUTHORITY as an
Additional Insured on the General Liability and Automobile Liability insurance policy required by this
Agreement. All of CONSULTANT'S sub-consultants shall be required to include AUTHORITY and
CONSULTANT as Additional Insured on all of their liability insurance policies.
4A CONSULTANT shall ensure that CONSULTANT's naming of the AUTHORITY as an additional insured on its
General Liability and Automobile Liability insurance policies pursuant to this Agreement shall afford coverage
for the negligent,reckless,intentionally wrongful or willful acts of CONSULTANT and other persons employed
or utilized by the CONSULTANT in the performance of this Agreement.
4.5 In the event that sub-consultants used by the CONSULTANT do not have insurance, or do not meet the
required insurance limits herein.CONSULTANT shall indemnify and hold harmless the AUTHORITY for any
claim(s)in excess of the sub-consultants insurance coverage.
4.6 The CONSULTANT shall not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved by the AUTHORITY.
Agreement No.22-202 - 2-
ARTICLE 5-STANDARD OF CARE
5.1 CONSULTANT shall exercise the same degree of care,skill,and diligence in the performance of any and all
work performed pursuant to this Agreement as is ordinarily provided by comparable,qualified professionals
under similar circumstances. The CONSULTANT shall. at no additional cost to AUTHORITY, re-perform
services which fail to satisfy the foregoing standard of care.
5.2 The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6-INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services and
in consideration of the promises included herein, AUTHORITY and CONSULTANT agree to allocate such
liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The CONSULTANT shall indemnify and hold harmless the AUTHORITY,and its officers and employees,from
all liabilities,damages,losses,and costs,including,but not limited to,reasonable attorney's fees,to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in the performance of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
termination of this Agreement for any reason,the terms and conditions of this Article shall survive
ARTICLE 7-INDEPENDENT CONSULTANT
The CONSULTANT is, and shall be, in the performance of all work services and activities performed under
this Agreement, an Independent Consultant,and not an employee,agent,or servant of the AUTHORITY. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and
in all places, be subject to the CONSULTANT'S sale direction, supervision, and control. The CONSULTANT
shall exercise control over the means and manner in which it and its employees perform the work, and in all
respects the CONSULTANT'S relationship and the relationship of its employees to the AUTHORITY shall be
that of an Independent Consultant and not as employees or agents of the AUTHORITY.
7,2 The CONSULTANT does not have the power or authority to bind the AUTHORITY in any promise,agreement
or representation other than specifically provided for in this Agreement.
ARTICLE 8-AUTHORITY TO CONDUCT BUSINESS
The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals
required to conduct its business and perform all requirements in this Agreement.
ARTICLE 9-COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable regulatory requirements including
federal,state,special district,and local laws, rules, regulations, orders,codes,criteria and standards.
Agreement No. 22-202 -3-
ARTICLE 10-SUB-CONSULTANT
10.1 The AUTHORITY reserves the right, in its sole and unfettered discretion,to accept the use of a sub-consultant
or to reject the selection of a particular sub-consultant under this Agreement.
10.2 if a sub-consultant fails to perform or make progress, as required by this Agreement, and it is necessary to
replace the sub-consultant to complete the work in a timely fashion.the CONSULTANT shall promptly do so,
subject to acceptance of the new sub-consultant by the AUTHORITY.
ARTICLE 11 -FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes, Upon request, the AUTHORITY will
provide an exemption certificate to CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax
to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONSULTANT be
authorized to use the AUTHORITY'S Tax Exemption Number in securing such mate(als.
ARTICLE 12-AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated
for its purpose by the Board of the Solid Waste Authority of Palm Beach County.
ARTICLE 13•AUTHORITY S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required
by CONSULTANT, including;existing reports,studies.financial information, and other required data that are available
in the files of the AUTHORITY.
ARTICLE 14-DEFAULT
14.1 The AUTHORITY may, by written notice of default to the CONSULTANT,terminate this Agreement in whole
or in part if a)the CONSULTANT fails to satisfactorily perform any provisions of this Agreement;b)or fails to
make progress so as to endanger performance under the terms and conditions of this Agreement; c)
repeatedly fails to perform; or d)does not remedy any such failure within a period of ten (10)days(or such
period as the Director of Purchasing Services may authorize in writing)after receipt of notice from the Director
of Purchasing Services specifying such failure. In the event the AUTHORITY terminates this Agreement in
whole or in part because of default of the CONSULTANT, the AUTHORITY may, in its sole and unfettered
discretion, procure goods and/or services similar to those required under this Agreement and the
CONSULTANT shall be liable for any excess costs incurred due to this action.
14.2 If it is determined that the CONSULTANT was not in default or that the default was excusable(e.g., failure
due to causes beyond the control of,or without the fault or negligence of the CONSULTANT),the rights and
obligations of the Parties shall be those provided in Article 15—Termination for Convenience
ARTICLE 15—TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate
this Agreement, in whole or in part, for the convenience of the AUTHORITY. The Director of Purchasing
Services shall give five (5) days prior written Notice of Termination to the CONSULTANT. specifying the
portions of the Agreement to be terminated and when the termiration is to become effective. If only portions
of the Agreement are terminated,the CONSULTANT has the right to withdraw,without adverse action by the
AUTHORITY,from the entire Agreement
Agreement No. 22-202 4-
15.2 Unless directed differently in the Notice of Termination, the CONSULTANT shall incur no further obligations
in connection with the terminated work, and shall stop work to the extent specified on the date given in the
Notice of Termination.Additionally,unless directed differently,the CONSULTANT shall terminate outstanding
orders andlor subcontracts related to the terminated work.
15.3 Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services
rendered to the AUTHORITY'S satisfaction through the dale of termination specked in the Notice of
Termination.
ARTICLE 16-UNCONTROLLABLE FORCES
16.1 Neither the AUTHORITY nor CONSULTANT shall be considered to be in default of this Agreement if delays
in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence,the non-performing party could not avoid_ The term"Uncontrollable Forces"shall mean
any event which results in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not
limited to fire,flood,earthquakes,storms,lightning,epidemic,pandemic,war,riot,civil disturbance,sabotage,
and governmental actions.
16.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non-performing party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
ARTICLE 17—JURISDICTION,VENUE.WAIVER OF JURY TRIAL AND REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the
Agreement shall be in a State court of competent jurisdiction located exclusively in Palm Beach County. With the
exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity. No single or partial failure by any
party to exercise any right, power,or remedy hereunder, shall preclude that party from exercising that right, power or
remedy in the future. THE AUTHORITY AND CONSULTANT FREELY AND VOLUNTARILY AGREE TO WAIVE ITS
RESPECTIVE RIGHT TO A JURY TRIAL ON ANY ISSUE(S)SO TRIABLE.
ARTICLE 18—COMMERCIAL NON-DISCRIMINATION POLICY
As a condition of entering into this Agreement,the CONSULTANT represents and warrants that it will comply with the
AUTHORITY's Commercial Non-Discrimination Policy, as described in Section 6 3 of the AUTHORITY's Purchasing
Manual, including subsequent amendments thereto, if any, As part of such compliance,the CONSULTANT shall not
discriminate on the basis of race,color,religion,ancestry or national origin,gender,age, marital status,familial status,
sexual orientation,gender identity or expression,disability,or genetic information in the solicitation, selection,hiring or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the CONSULTANT
retaliate against any person for reporting instances of such discrimination. The CONSULTANT shall provide equal
opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector
subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occumng in the
AUTHORITY's relevant marketplace in Palm Beach County. The CONSULTANT understands and agrees that a
material violation of this clause shall be considered a material breach of this Agreement and may result in termination
of this Agreement,disqualification or debarment of the CONSULTANT from participating in AUTHORITY contracts. or
other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
Agreement No.22-202 -5-
The CONSULTANT agrees and understands that the provisions of Section 6.3 of the AUTHORITY's Purchasing
Manual are incorporated herein by reference and that the CONSULTANT is familiar with the contents of same.
ARTICLE 19-WAIVER
A waiver by either AUTHORITY or CONSULTANT of any breach of this Agreement shall not be binding upon the
waiving party unless such waiver is in writing. In the event of a written waiver,such a waiver shall not affect the waiving
party's rights with respect to any other or further or subsequent breach. The making or acceptance of a payment by
either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any further or subsequent default or breach.
ARTICLE 20-SEVERABILITY
20.1 The invalidity, illegality,or unenforceability of any provision of this Agreement,or the occurrence of any event
rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability
of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The Parties further agree to reform the Agreement
to replace any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
20.2 The provisions of this section shall not prevent the entire Agreement from being void if a provision which is of
the essence of the Agreement is determined to be void.
ARTICLE 21-ENTIRETY OF AGREEMENT AND MODIFICATION
The AUTHORITY and the CONSULTANT agree that this Agreement, including Exhibits and Attachments and any
matters incorporated by specific reference sets forth the entire agreement between the Parties, and that there are no
promises or understandings other than those stated herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications between the AUTHORITY and
CONSULTANT pertaining to the services. whether written or oral. None of the provisions or terms and conditions
contained in this Agreement may be added to, amended. modified. superseded, or otherwise altered except by
written instrument executed by the Parties thereto.
ARTICLE 22-SUCCESSORS AND ASSIGNS
AUTHORITY and CONSULTANT each binds itself and its partners, successors. executors. administrators, assigns
and legal representatives to the other party and its partners,successors,executors administrators, assigns and legal
representatives. CONSULTANT shall not assign this Agreement without the prior express written approval of the
AUTHORITY in its sole discretion via executed amendment.
ARTICLE 23-CONTINGENT 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, 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.
Agreement No. 22-202 -6-
ARTICLE 24-TRUTH-IN-NEGOTIATION CERTIFICATE
24.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreement are accurate,complete,and current as of the Effective Date of the Agreement.
24.2 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY determine
that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to
inaccurate representations of fees paid to outside consultants. The AUTHORITY shall exercise its rights
under this"Certificate"within one(1)year fallowing payment.
ARTICLE 25-OWNERSHIP OF DOCUMENTS
CONSULTANT shall be required to cooperate with other consultants relative to providing information requested in a
timely manner and in the specified form. Any and all documents,records,disks,original drawings,or other information
shall become the property of the AUTHORITY for its use and/or distribution as may be deemed appropriate by the
AUTHORITY in its sole and unfettered discretion,
ARTICLE 26-PUBLIC RECORDS, ACCESS AND AUDITS
26.1 It is the intent of this Article to maintain compliance with the Florida Public Records Law, Ch. 119, Florida
Statutes,as amended.
26.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL 33412
561.640-4000 EXT. 4606
RECORDSCUSTODIAN@SWA.ORG
26.3 The CONSULTANT shall maintain records related to all charges, expenses, and costs incurred in estimating
and performing the work, in accordance with the timeframes and classi cations for records retention as per
the General Records Schedule GS1-SL for State and Local Government Agencies (see:
https://dos myflorida comllibrary-archivesirecords-manage menUgeneral-records-schedules/) after completion or
termination of this Contract. Upon AUTHORITY'S request, CONSULTANT shall provide AUTHORITY with
access to such records during normal business hours at a location within Palm Beach County for purposes of
inspection or audit.
26.4 Notwithstanding anything herein to the contrary, the CONSULTANT expressly acknowledges that: i) it is
providing a specific service to the AUTHORITY in the performance of this Contract; ii)acting on behalf of the
AUTHORITY in the performance of this Contract; iii) that it has read and is familiar with the Florida Public
Records Law,Ch. 119,Florida Statutes,as amended,and both understand its responsibility and obligation to
comply with this law; and iv)to the extent any question(s)arise regarding its duties to produce public records,
it shall contact the Records Manager with same
Agreement No. 22-202 -7-
26.5 Any public records requests directed to, or related in any way to this contract shall be directed solely to the
Records Manager. If the requested records are not in the possession of the Records Manager they shall
immediately notify the CONSULTANT and the CONSULTANT must provide the records or allow access to
the records within a reasonable time A CONSULTANT who fails to provide the records to the public agency
within a reasonable time may be subject to penalties under Florida Statutes (F.S) §119.10. and §119,10(2)
provides that a person who willfully and knowingly violates the Public Records Act commits a misdemeanor
of the first degree,which is punishable by up to a year in jail and a fine not to exceed $1,000.
26.6 Therefore,the CONSULTANT is required to:
1) Keep and maintain public records that ordinarily and necessarily would be required by the AUTHORITY
in order to perform the service:
2)) Upon AUTHORITY's request from the AUTHORITY's Records Manager; provide the AUTHORITY with
a copy of the requested records to allow the records to be inspected or copied within a reasonable time
on the same terms and conditions that the AUTHORITY would provide the records at a cost that does
not exceed the cost provided by Florida law.
3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by taw for the duration of the Agreement term
and following the completion of the Agreement if the CONSULTANT does not transfer the records to
the AUTHORITY; and
4) Upon completion of the Agreement, transfer at no cost to the AUTHORITY,all public records in
possession of the CONSULTANT or keep and maintain public records to the AUTHORITY upon
completion or termination of the Agreement;the CONSULTANT shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONSULTANT keeps and maintains public records upon completion of the
Agreement, the CONSULTANT shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the AUTHORITY, upon request
from the AUTHORITY's Records Manager,either during performance of the Agreement or after
termination or completion of the Agreement in a format that is compatible with the information
technology systems of the AUTHORITY.
263 Failure of the CONSULTANT to comply with these requirements shall be a material breach of
this Contract.
26.8 CONSULTANT shall maintain financial and program records to jusfify all charges and costs incurred
in performing the work for at least three (3) years following final payment by the AUTHORITY as
Federal Emergency Management Agency(FEMA)sub-grantee as required by 2 CFR 200.333. The
AUTHORITY shall have access to such books, records, and documents as required in this section
for the purpose of inspection or audit.
26.9 In the event retention requirements in Florida Statutes Chapter 119 and 257 exceed those of FEMA,
the records shall be retained to comply with State of Florida requirements.
ARTICLE 27•INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049 which is
authorized and empowered to review past,present and proposed county contracts.transactions,accounts and records
The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This agreement
Agreement No. 22-202 8
provides for the Inspector General to provide services to the AUTHORITY in accordance with the authority, functions
and powers set out in the Palm Beach County Office of Inspector General Ordinance.All parties doing business with the
AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing
access to records relating to this agreement. The Inspector General has the power to subpoena witnesses, administer
oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the CONSULTANT,
its officers, agents. employees and lobbyists in order to ensure compliance with contract specifications and detect
corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall
be in violation of Ordinance 2009-049, and punished pursuant to Section 125,69, Florida Statutes, in the same manner
as a second degree misdemeanor.
ARTICLE 28•NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in
person or sent by certified mail,postage prepaid as follows:
AS TO AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Office No.: 561-640-4000 Fax No.: 561.640-3400
AS TO CONSULTANT
Thompson Consulting Services, LLC
2601 Maitland Center Parkway
Maitland, Florida 32751
Attention Nate Counsell, Executive Vice President
Office No.:407-792-0018 Fax No: 407-878-7858 E-Mail: ncounsell(d)thompsoncs.net
Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to
which such notice is to be directed may be made from time to time by either party by written notice to the other party.
Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.,
printed)after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine communications between
representatives of CONSULTANT and AUTHORITY,
ARTICLE 29-CONTRACT ADMINISTRATION
Services of CONSULTANT shall be under the general direction of the Chief Operations Officer,or designee,who shall
act as the AUTHORITY'S representative during the term of the Agreement.
Agreement No. 22-202 -9-
ARTICLE 30-KEY PERSONNEL
CONSULTANT shall notify AUTHORITY in the event of key personnel changes which might affect this Agreement.
Notification shall be made within ten(10)days of said changes.AUTHORITY has the right to reject proposed changes
in key personnel. The following personnel shall be considered key personnel:
Jon Hoyle-Principal-in-Charge
Cell No.: 321-303-2543 E-Mail: ihoyleathompsoncs.net
Nathaniel Counsell-Principal-in-Charge
Cell No.: 407-619-2781 E-Mail: ncounsell(athornwrics.net
Eric Harrison-Program/Project Manager
Cell No: 407-312-1670 E-Mail:eharrison(a7thompsoncs.net
Corey Thomas-FEMA Public Assistance Liaison
Cell No.: 407-415-7602 E-Mail:cthomas(ra7thompsoncs.net
Daniel Gardner-Data Manager
Cell No.: 407-617-1673 E-Mail:doard ner(dWompsoncs.net
Wesley Holden-ADMS Deployment
Cell No.: 813-352-9942 E-Mail: wholden ,hompsoncs.net
Nicole Lehman-Planning and Preparedness
Cell No.: 407-756-7589 E-Mail: nlehman(a,thompsoncs.net
Patrick Gardner-GIS�Environmental
Cell No.: 407-617-1614 E-Mail: pgardner[a)thompsoncs.net
ARTICLE 31 -EQUAL BUSINESS OPPORTUNITY PROGRAM:
The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy administered by the Equal
Business Opportunity(EBO)Program Office to ensure that all segments of its business population, including, but not
limited to local, small, minority, and women-owned businesses, have an equitable opportunity to participate in the
AUTHORITY'S procurement process, in accordance with Section 6.1 through 6.4 of the Purchasing Manual, which is
hereby incorporated herein. Program tools and solicitation incentives are hereby referred to as the Affirmative
Procurement Initiatives(API).
31.1 Affirmative Procurement Initiative(API):
The AUTHORITY has not applied an Affirmative Procurement Initiative to this Agreement. However,
pursuant to SWA Board Policy,the AUTHORITY encourages the use and participation of SIMIWBE`s in the
performance of AUTHORITY contracts and agreements. This is encouraged on a voluntary basis only for this
solicitation, use is not required
31.2 S/M1WBE Reporting:
The CONSULTANT is encouraged, but not required to use SIMMBE's on a voluntary basis wherever
possible, In this regard, the CONSULTANT is encouraged to report to the AUTHORITY's EBO Office all
payments made to sub-contractors or sub-consultants and suppliers promptly at the close-out of the Project.
31.3 Prompt Payment:
Upon execution of this contract by CONSULTANT,CONSULTANT shall be required to submit to AUTHORITY
accurate payment information with each invoice regarding each of its Sub-consultants. if any, to ensure that
Agreement No.22-202 - 10-
the CONSULTANT's reported subcontract participation is accurate. CONSULTANT shall pay its Sub-
consultants,d any,in compliance within limeframes set forth in accordance with the Florida Local Government
Prompt Payment Act.or within ten(10)days of receipt of payment from the AUTHORITY.whichever is sooner.
ARTICLE 31•SCRUTINIZED COMPANIES
32.1 As provided in F.S 287.135,by entering into this Agreement or performing any work in furtherance hereof,the
CONSULTANT certifies that it, its affiliates.suppliers.subcontractors and consultants who will perform hereunder,
have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With
Activities in The Iran Petroleum Energy Sector List created pursuant to F.S 215.473,or is engaged in business
operations in Cuba or Syria
If the AUTHORITY determines,using credible information available to the public,that a false certification has been
submitted by CONSULTANT,this Agreement may be terminated and a civil penalty equal to the greater of$2
million or twice the amount of this Agreement shall be imposed,pursuant to F.S.287.135. Said certification must
also be submitted at the time of renewal of this Agreement.
32.2 As provided in F.S.287.135,by entering into this Agreement or performing any work in furtherance hereof,this
Agreement certfies that it. its affiliates,suppliers,subcontractors and consultants who will perform hereunder,
have not been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,
pursuant to F.S. 215.4725.
If the AUTHORITY determines,using credible information available to the public.that a false certification has been
submitted by CONSULTANT,this may be terminated and a civil penalty equal to the greater of$2 million or twice
the amount of this shall be imposed,pursuant to F.S.287.135. Said certification must also be submitted at the
time of renewal of this Agreement.
ARTICLE 33•AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
33.1 The CONSULTANT agrees that this Agreement constitutes an offer to all State and local government agencies
of the State of Florida under the same terms and conditions, for the same prices and for the same effective
period as specified in this Agreement should the CONSULTANT deem it in the best interest of their business
to do so.
33.2 The Agreement in no way restricts or interferes with any State or local government agencies of the State of
Florida from re-solicitation.
ARTICLE 34—THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of these documents to create third party beneficiary status in any person or entity that is not a
direct party to this Agreement, and no language in this Agreement should be construed or interpreted as creating a
third party beneficiary.
ARTICLE 35—E-VERIFY—EMPLOYMENT ELIGIBILITY
35.1 The CONSULTANT certifies, warrants and represents that it is in compliance with Section 448.095, Florida
Statutes as may be amended and that CONSULTANT shall: (1) register with and use the E-Verify System
(E-Verify gov)to electronically verify the employment eligibility of all newly hired workers,and(2)has verified
that all of the CONSULTANT'S subcon tractors/subconsultants performing the duties and obligations of this
Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility
of all newly hired workers. CONSULTANT shall obtain from each of its subcontractorsfsubconsultants an
affidavit stating that the subcontractor/subconsultart does not employ, contract with, or subcontract with an
Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended
CONSULTANT shall maintain a copy of any such affidavit from a subcontractorlsubconsultant for, at a
minimum, the duration of the subcontract and any extension thereof, This provision shall not supersede any
Agreement No 22-202 - 11 - ——
provision of this Agreement which requires a longer retention period.
35.2 AUTHORITY shall terminate this Agreement if it has a good faith belief that CONSULTANT has knowingly
violated Section 448.09(1), Florida Statutes,as may be amended. If AUTHORITY has a good faith belief that
one of CONSULTANT'S subcontractorlsubconsullant has knowingly violated Section 448,09(1), Florida
Statutes, as may be amended. AUTHORITY shall notify CONSULTANT to terminate its contract with the
subcontractor/subconsultant and CONSULTANT shall immediately terminate its contract with the
subconsultant. If .AUTHORITY terminates this Agreement pursuant to the above, CONSULTANT shall be
barred from being awarded a future contract by AUTHORITY for a period of one(1) year from the date on
which the Agreement was terminated. In the event of such contract termination,CONSULTANT shall also be
liable for any additional costs incurred by AUTHORITY as a result of the termination.
ARTICLE 36—BUY AMERICA REQUIREMENTS
The CONSULTANT agrees to comply with the requirements of the Federal Buy America law(see 23 U.S.C,313,ISTEA
Sections 1041 (a)and 1048(a),and FHWA's implementing regulations at 23 CFR 635,410, as they may be amended
from time to time),as they related to Federal-aid contracts and the use of steel and iron produced in the United States
A description of the requirements of Buy America is set forth in ATTACHMENT "A", which is attached hereto and
incorporated by reference as part of this Agreement. CONSULTANT shall provide a certification statement regarding
the origin of all materials or products covered under the Buy America provisions and used in Is performance of the
Agreement in accordance with the requirements of law and the AUTHORITY„ FDOT, FHWA,and FEMA to the extent
applicable
ARTICLE 37—DISADVANTAGED BUSINESS ENTERPRISES
37.1 The Agreement is subject to the requirements of 49 CFR Part 26. The CONSULTANT shall not discriminate
on the basis of race, color, national origin, or sex in the performance of the Agreement. The CONSULTANT
shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of this U.S.
DOT—assisted contract. Failure by the CONSULTANT to carry out these requirements is a material breach
of Agreement, which may result in the termination of this Agreement, which may result in the termination of
this Agreement or such other remedy as the AUTHORITY deems appropriate,including but not limited to the
withholding of payments. Each subcontract the CONSULTANT signs with a sub-consultant must include the
assurance in this paragraph. (See 49 CFR 26,13). Upon request, the CONSULTANT will provide the
AUTHORITY with a copy of each subcontract it enters into.
37.2 The CONSULTANT is required to pay its sub-consultants performing work related to this Agreement for
satisfactory performance of that work no later than thirty (30) days after the CONSULTANT's receipt of
payment for that work from the AUTHORITY. The CONSULTANT may not hold any retainage from its sub-
consultants unless pursuant to an agreement approved by the AUTHORITY.The CONSULTANT shall return
all retainage payments withheld within thirty(30)days after the sub-consultant's work has been satisfactorily
completed.
37.3 The CONSULTANT shall,on a monthly basis,submit payment certifications,including a certification regarding
their truth and accuracy, for all payments it is seeking and certifications from all sub-consultants indicating
who has been paid and how. The certifications shall comply with all Federal and State requirements regarding
the reporting of DBE participation. The CONSULTANT shall. if required by the AUTHORITY or FDOT, report
its DBE participation monthly on the Equal Opportunity Reporting system located on the Florida Department
of Transportations (FDOTs) weWe found at www.fdot.00vlecualopportunity/dbesbeprograms.shtm.
Audits may be conducted to review payments to DBE sub-consultants.The CONSULTANT will fully cooperate
with the AUTHORITY, FDOT, FHWA or FEIVIA regarding the monitoring of sub-consultants and payments
made thereto.
Agreement No.22-202 - 12-
ARTICLE 38-CERTIFICATION REGARDING SUSPENSION,AND DEBARMENT
38.1 This Agreement is a covered transaction for purposes of 49 CFR Part 29 Accordingly, the CONSULTANT
shall verify that neither the CONSULTANT, nor its principals. as defined at 49 CFR 29.995.. or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29,945,
38.2 The CONSULTANT agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term of
this Agreement. The CONSULTANT must include the requirement to comply with 49 CFR 29, Subpart C in
any lower tier covered transaction it enters into. CONSULTANT's certification is a material representation of
fact relied upon by the AUTHORITY. If it is later determined that the CONSULTANT knowingly rendered an
erroneous certification,in addition to remedies available to the AUTHORITY,the State or Federal government
may pursue any available remedies, including but not limited to suspension and/or debarment_ The
CONSULTANT further agrees that it will include a provision requiring such compliance in all of its subcontracts
or lower tier covered transactions.
ARTICLE 39-ACCESS TO RECORDS AND THEIR RETENTION
39.1 This provision shall supplement Article 26 of this Agreement. The CONSULTANT shall maintain adequate
records to justify all charges,expenses,and costs incurred in estimating and performing the Agreement for at
least five (5) years after completion or termination of this Agreement or FDOT's closure of an 'emergency
event' with the Florida Division of Emergency Management. whichever comes last. except in the event of
litigation or settlement of claims arising from the performance of the Agreement, the CONSULTANT agrees
to maintain said records until all Iitigation, claims, appeals or exceptions related thereto have been resolved
The records shall be maintained at a location in Palm Beach County,Florida or such other location in Florida
approved by the AUTHORITY.
39.2 The CONSULTANT shall make all of its books, records,and other documents related, in any manner to its or
its sub-consultants'performance of the Agreement.available to the AUTHORITY and any other funding entity
(e.g.. FDOT, FEMA, the Comptroller General of the U.S. or any of their authorized representatives)for the
purpose of examination, audit, reproduction, excerpts and transcripts, during normal business hours, at the
CONSULTANT's place of business or if CONSULTANT's place of business is not located in Palm Beach
County, then at the location for maintenance of records referenced above. The CONSULTANT shall also
require its sub-consultants to make their gooks, records, and documents available for examination, audit,
reproduction, excerpts,. and transcripts, for the same duration and in the same manner, and at or near the
same locations required herein of CONSULTANT.
ARTICLE 40-AUDIT REQUIREMENTS
This provision shall supplement Article 26 of the Agreement.The CONSULTANT agrees that audits may be undertaken
of its records related to its performance of the Agreement as may be authorized or requied under OMB Circular
A-133, as revised. The CONSULTANT agrees that it will comply, execute any necessary documents and fully
cooperate with the AUTHORITY and any State and/or Federal funding agency(ies), including but not limited to FDOT,
Florida's Auditor General, FEMA, or any of their authorized representatives, in any audit or monitoring procedures or
processes any such entity(ies) may undertake related to CONSULTANT's performance of the Agreement in order to
properly and satisfactorily complete the audit, if any.
ARTICLE 41-NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)
The CONSULTANT shall cooperate with the AUTHORITY, FDOT, and FEMA so as to assure that all activities related
to the performanoe of this Agreement comply with the requirements of the National NEPA of 1969, as amended, and
the regulations and guidance related thereto.
Agreement No.22-202 - 13-
ARTICLE 42—AMERICANS WITH DISABILITIES ACT
The CONSULTANT does hereby represent and certify that it will comply with all of the requirements of the Americans
with Disabilities Act of 1990(42 USC 12102,et seq.)as it may be amended,and all applicable implementing regulations
of the U.S. DOT. FEMA and other Federal-aid agencies.
ARTICLE 43—COMPLIANCE WITH TITLE VI,TITLE VII,AND OTHER FEDERAL LAWS AND REGULATIONS
The CONSULTANT does hereby represent and certify that it will comply with all the requirements imposed by Title VI
of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1968, as they have been and may be modified
from time to time(42 USC 2000d, et. seq. and 3601 et_seq.)and the Age Discrimination and Employment Act of 1967
and Section 303 of the Age Discrimination Act of 1975, as amended (42 USC 6102). and all applicable Federal laws
and regulations, policies, procedures, and directives of the U.S. DOT, FEMA, and/or other Federal-aid agencies, as
they may be promulgated and amended from time to time.
ARTICLE 44—CONVICT LABOR PROHIBITION
The CONSULTANT does hereby represent and certify that it will comply with the convict labor prohibition in 23 U.S.C.
114,and all implementing regulations thereto.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Agreement No. 22-202 14-
In Witness Whereof, AUTHORITY, and CONSULTANT have made and executed this Agreement all as of the day and
year first above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
WITNES By:
Daniel Peilowitz
1, Executive Director
2 (SEAL)
APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO TERMS AND CONDITIONS:
Howard J '
By: Falcon III r11M�MNNaw�.1
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Howard J.Falcon,III Signature
General Cotmsef CA.yrel L(
Print Name
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ATTEST: THOMPSON CONSULTING SERVICES, LLC:
Corporate Secretary Authorized Signature
Jon Hoyle
WITNESS: Print Name
1. President
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2.
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(Affix Corporate Sea!)
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Approved by Authority Board on April 13,2022,item No.:9.C.2 2011 ,M
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Agreement No.22-202 - 15-
EXHIBIT "A"
SCOPE OF WORK
1. BACKGROUND INFORMATION:
A. The AUTHORITY is seeking CONSULTANT to provide Disaster Debris Management and Support
Services for the AUTHORITY. The CONSULTANT is expected to be extremely knowledgeable in Federal
Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) regulations.
guidelines, and operating policies. The CONSULTANT will support the AUTHORITY before, during and
following a disaster recovery effort and will be responsible for the overall monitoring of debris collection.
The CONSULTANT shall coordinate with the Disaster Debris Removal Contractor(s) and the AUTHORITY
to ensure a compliant, well-managed and organized approach to debris collection and disposal within
FEMA guidelines.
B. The AUTHORITY will utilize an Automated Debris Management System (ARMS) and anticipates that the
Disaster Debris Removal Contractor(s)will provide vehicle certification.
C The AUTHORITY will provide a Field Service Representative for each AUTHORITY'S Franchise Service
Area(1-6)to oversee and monitor the collection activity within these service areas and to work directly with
the Disaster Debris Removal Contractor(s)and the CONSULTANT to schedule all worts, The AUTHORITY
will provide Temporary Debris Management Sites(TDMS).
D, The AUTHORITY currently has an Enterprise Geographic Information system (GIS) which utilizes ESRI's
ArcGIS Server, ArcGIS Desktop Advanced, and Microsoft's SQL Server. Data is published to staff and the
public using Rolla's Onpoint. which is a thin client for ESRfs ArcServer.
E The AUTHORITY'S Disaster Debris Removal Contractor(s) will provide the manpower and collection
equipment in a timely manner to safely remove disaster debris as soon as possible. Additionally, the
AUTHORITY'S Disaster Debris Removal Contractor(s) will open and operate Temporary Debris
Management Site(TDMS)and immediately begin processing material on site and begin shipping material
to final destination within ten(10)days of opening.
F. The purpose of this RFP is to put in place an indefinite deliveryfindefinite quantity Agreement for Disaster
Management and Support Services based upon the specifications detailed herein. Task Orders will be
issued pursuant to the Agreement,as necessary to complete work.What follows is a general description of
the work anticipated.
2. SCOPE OF SERVICES:
A. The scope of services to be provided pursuant to this RFP includes Project/Operations Management,
Collection Monitoring, Automated Debris Management System (ADMS), Data Processing and
Management, Temporary Debris Management Site (TDNIS) Monitoring, Debris Vehicle Certification
Damage Complaint Tracking, Data Compilation and Reporting, Payment Monitoring and Reconciliation
Processing, Reporting and Coordinating with the AUTHORITY'S Project/Operations Manager, and other
related services as outlined in this section.
B. PROPOSERS are advised to propose based on the entire scope of services as defined herein, however
the AUTHORITY reserves the right to select which specific services the CONSULTANT will provide and to
add or delete services throughout the term of any resulting Agreement with mutual consent
Agreement No 22-202 - 16-
EXHIBIT "A"
2.1 Project/Operations Management
CONSULTANT will be responsible for Projectl0perations Management of the debris monitoring
activities for the AUTHORITY. This responsibility includes providing an experienced
ProjecUOperations Manager, supplying a temporary field office for the monitoring staff.. and
coordinating and meeting with the AUTHORITY, field staff and contractors. Additionally,
CONSULTANT will be responsible for hiring, training, deploying, scheduling and monitoring the
activities of its collection monitors.
22 Collection Monitoring
a. The CONSULTANT will be responsible for monitoring and certifying all AUTHORITY'S authorized
collection activities. This responsibility includes monitoring and certifying all collection equipment,
debris loads to ensure eligibility for federal reimbursement, providing trained collection monitors,
exercising quality control over the debris monitoring activity, and providing daily feedback to the
AUTHORITY. CONSULTANT shall ensure that all Disaster Debris Removal Contractor(s) loads
are correctly captured by their ADMS.
b The CONSULTANT shall photographically document daily collection activities. CONSULTANT
shall identify and document all leaners, hangers and stumps and coordinate with federal and
state representatives to ensure eligibility and maximum reimbursement.
c. Additionally, the CONSULTANT shall coordinate with the AUTHORITY to respond to problems in
the field. such as property damage complaints, debris crew issues, other customer complaints.
etc.
d CONSULTANT'S staff should be equipped with modern communication equipment.
CONSULTANT shall have the ability to maintain shapefiles or geodatabases of collection passes.
customer complaints and leaners, hangers and stumps including photos. and to track these
issues using a GIS and provide an updated shapefile or geodatabase to the AUTHORITY on an
appropriately determined schedule
2.3 Automated Debris Management System(ADMS)
a. Per FEMA policy document 327 Public Assistance Debris Monitoring Guide
(hUps:l/www.Tema-govlpdt/government/granUpalfema327 debris monitoring.pM, recent
advances in automated debris management tracking systems provided real-time, automated
tracking and reporting. FEMA embraces technological advancements and recognizes the
potential benefits of these automated systems-
b. The CONSULTANT shall provide an electronic automated debris management system that shall
create load tickets electronically, eliminating the need for written and scanned tickets. The ADMS
features shall include, at a minimum, the following:
1, Paperless electronic(handheld device)load ticket generation and data collection;
2. Debris vehicle certification data capture at certification site;
3. Encrypted and secure field data transfer(field to TDMS,TDMS to server):.
4 Accessible secure database for govemment and Disaster Debris Removal Contractors)use.
Database will be internet accessible by Disaster Debris Removal Contractor(s),
AUTHORITY, State and other public entities on a need to know basis;
5. Minimal manual entry of load ticket data fields (e.g., load call, type of debris, automated
system capable to input possible municipal paper tickets or different ADMS systems):
Agreement No.22.202 - 17-
EXHIBIT "A"
8 Automation of debris pickup location thru use of Global Positioning System (GPS)
technologies;
7 Evaluation of daily event status using web-based reporting and GIS tools;
8. Coordination of Disaster Debris Removal Contractor(s) invoices, FEMA documentation and
applicant payment process enabled thru an integrated database management system;
9. CONSUTLANT shall use an ADMS during the performance of services under this agreement
for managing the collection,transport and/or disposal of debris
c. The AUTHORITY has Interlocai Agreements for Disaster Debris Management with municipalities
to deliver eligible storm debris to AUTHORITY's TDMS. These municipalities may choose to use
the current AUTHORITY'S paper load ticket system or contract with another ADMS company
d. The municipalities must submit a legible and complete paper load ticket at the AUTHORITY'S
TDMS with each load. The AUTHORITY will provide the truck certification, placard, and load
tickets for these municipalities. CONSULTANT will be responsible to enter paper load ticket(s)
and ADMS data from a different ADMS company contracted for debris load monitoring service by
a municipality delivering eligible debris to an approved AUTHORITY TDMS.
24 Temporary Debris Management Site(TDMS)Monitoring
The CONSULTANT will provide TDMS monitors and spotters to observe and document the unloading,
processing and loading of debris in strict accordance with FEMA requirements and the AUTHORITY'S
Debris Management Plan. This responsibility includes estimating the load volume, completing the
ADMS load tickets and signing and certifying that the information is complete and accurate. Additional
responsibilities include conducting pre-use and post-use environmental monitoring, ensuring that the
truck certifications are accurate, ensuring that all collection vehicles are equipped with the necessary
safety restraints coordinating with all federal, state and local agencies,and keeping accurate records.
2.5 Debris Vehicle Certification
The CONSULTANT 411 be responsible for measuring and capturing data elements for each Disaster
Debris Removal Contractors) vehicle in strict accordance with FEMA requirements utilizing their
ADMS. Additionaily, CONSULTANT will take a photograph of each vehicle showing the vehicle
number and type of vehicle. CONSULTANT will also perform random verifications once per week at
each TDMS to ensure that no vehicle modifications have been made.
2.6 Damage Complaint Tracking
The CONSULTANT shall assist the AUTHORITY with tracking, managing, reporting and customer
follow-up through to resolution of all damage complaints resulting from debris removal activities. The
AUTHORITY requires the complaints to be tracked using a GIS including linked photos
2.7 Data Compilation and Reporting
a. The CONSULTANT will be responsible for collecting, auditing for completeness and accuracy,
tabulating and organizing debris disposal data and vehicle certifications, project records, photos
and manifests eic., to support federal (FEMA), state and local reimbursements, and subsequent
audits.
Agreement No. 22-202 18.
EXHIBIT "A"
b. The CONSULTANT will be responsible for providing regular status updates to the AUTHORITY.
This reporting will include creating updating and maintaining a database to include all information
on debris removal and disposal, including number of loads and types,vehicle certification, stump,
hanger and leaner information and images All electronic reporting will be provided in a format
acceptable to the AUTHORITY and the AUTHORITY shall have access to the database to
perform queries and produce reports. The AUTHORITY will require the CONSULTANT to meet
minimum standards for the timeliness of data reporting pursuant to this Section 2.2.
2.8 Payment Monitoring and Reconciliation Processing
The CONSULTANT will be responsible for reviewing, validating and reconciling Disaster Debris
Removal Contractor(s)invoices prior to submission to the AUTHORITY for processing and approval.
2,9 Other Related Services
Additional services the AUTHORITY requires the CONSULTANT to provide include the following:
a. Assistance the AUTHORITY in preparing final reports for reimbursement by FEMA, FHWA and
other agencies;
b Providing professional oversight to ensure compliance with Florida Department of Environmental
Protection(FDEP), Florida Department of Transportation (FDOT), Florida Department of Forestry
(DOF), and FEMA regulatory and reporting requirements, as well as any other federal, state, or
local regulation applicable to debris management;
c. Ensuring that the processing of federal funding is done as expeditiously as possible by taking
ownership of the responsibility for ensuring the accuracy of invoices. payroll. monitoring
information, reports,ADMS data, vehicle certifications, and operating data:
d. Meeting with AUTHORITY'S representatives and the Disaster Debris Removal Contractor(s)daily
during disaster event activation. Meeting with the AUTHORITY'S Project Manager or his1her
designee at least once per year at no cost to the AUTHORITY prior to hurricane season, and;
e. Additional services that the PROPOSER wishes to propose or that the AUTHORITY and the
CONSULTANT agree to add at a later date.
Agreement No.22.202 19-
EXHIBIT "B"
ri
FEE SCHEDULE
PROPOSAL FORM 2-PRICE PROPOSAL
I PROPOSER steal pto.de a completed Proposal Form 2-Price Proacsal and provide a puce on every kem to be
t Ctf Sidesfd r.the evaluaro of tlsTer f,tT nAta The EsUma:ed Anrual I-ours aW TWa PrDpeSal Pme provided be4cm
wll be used for proKwl evaluare on pumases or y and does nc4 riled Ve store of spivice,k r any pw-disasty wr3r4
However.tte Unit Face Pe'Hour wdt tx�a pate o`trw Agreerrre-t
r
PROPOSED FEES
lWa ed an estvnatsd 3 million cubic yards)
ITEM No f POSITC*DESCRIPTION ESTIMATED Ulan PRICE ExtENSON
Anxuu HWRS PER FOUR
Prq�-rLtl�e,Prmc. a $89.00 517,800.00
2 P4Dlect I.tar alter TKi $85.00 S59,500.00
3 Opeatoc'rsttanager 1.90G :60.00 $114,000.00
— d FE}.t Rermblr:emerl,FAanager` 5 S 95.00 S47,_ __ 500.00
5 Operationsspeciahs -� TIC} =49.00 34,300.00
s Field SupPrv50r�T- $COO 549.00 $392,000.00
r Eng rue rScleNrsUf'rofessianal 400 $80.00 $32,000.00
5 Enwormwal Cork .tares zoo $70.00 S49,000.00
s Enworrlwniai F*ld Technr_en I 700 $50.00 {35,000.00 i
10 Data Manager 700 S 50.00 S35,000.00
11 GIS AnaW Spec alist 2W S 49.00 $9,800.00
12 Admrtislral ve Suppert 1 29C $25.00 $30,000.00
13 TOMS Momof 22.00C S 36.00 S 792,000.00
14 Field Mcnrtor 43,000 5 36.00 $1,548,000-00
15 Cal Cemet Operalof AMC S 22.00 S 94,600.00
TOTAL PROPOSAL PRICE(Rams 1•1S): $3,290,500.00
Proposed fees Shall be fully knadted and o-Oude all erpe�'=ses ar4 eq-irment mdudmg bi;!ncl limited to ADMS
Ravel related eltperses,treat allawancet wel rooms anc arty athe'relevant co Or pocket expe'nes as well as
venxies e-*dronizs.communicalo—,-egwpment and any C'net e0;;.spmerll racilitcs or Wraslnr lute necessary to
ea•ry od the task
i
RFF Nio 22.7132,C=L -2s- Manua y K2i
Agreement No.22-202 -20-
ATTACHMENT "A"
BUY AMERICA REQUIREMENTS
Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal-aid contracts, the CONSULTANT
will only use steel and iron produced in the United States, in accordance with the buy America provisions of 23
CFR 635.410, CONSULTANT will ensure that all manufacturing processes for these materials occur in the United
States. A manufacturing process is any process that modifies the chemical content, physical shape, size or final
finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating
stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and
coating have been completed_ If a domestic product is taken outside the United States for any process, it
becomes foreign source material, When using steel and iron as a component of any manufactured product
incorporated into the project (e.g., concrete pipe, pre-stressed beams, corrugated steel pipe, etc.), these same
provisions apply,except that the manufacturer may use minimal quantities of foreign steel and iron when the cost
of such foreign materials does not exceed 0.1% of the compensation or $2,500, whichever is greater. These
requirements are applicable to all steel and iron materials incorporated into the finished work, but are not
applicable to steel and iron items that the CONSULTANT uses but does not incorporate into the finished work.
The CONSULTANT shall provide a certification from the producer of steel or iron,or any product containing steel
or iron as a component, stating that all steel or iron fumished or incorporated into the finished product was
manufactured in the United States in accordance with the requirements of this provision. Such certification shall
also include: (1) a statement that the product was produced entirely within the United States, or (2) a statement
that the product was produced with the United States except for minimal quantities of foreign steel and iron and
specify the actual value of the product. Each such certification shall be furnished to the AUTHORITY prior to
incorporating the material into the project. When FHWA allows the use of foreign steel on a project,
CONSULTANT shall fumish invoices to document the costs of such material, and obtain the AUTHORITY's
written approval prior to incorporating the material into the project,
Agreement No. 22-202 -21
AMENDMENTff1 TBTHEAt3REEAlENTFOP.
DISASTER E)rS I�ANAGEMEHTAND SUPPORT SERVICES
SEMEN SOLD WASTE AUTHORITY OF PALM 8MK COUNTY AND ,
THOMPSON CONSULTING SERVICES,LLC
DATED THE 26TH DAY OF APPJL 2022
Tft FirstArnendmeni dated the--26 day of F 2925.to Agreement No.22.202 phe"Agreement"),beMeen the Solid Waste
Authority of Palm Beach County(hereinafter referred to as AUTHORITY)and Thompson Consulting Services,LLC.(hereinafter referred
to as the')CONSULTXVI"and`Panes when refeJred to collackiv*i
Whereas,the Parties desire to extend the term of the Agreement for three(3)Mftw al years as provided in Article 1 of the original Agreement There
are no War m3wdons pern t c!under the Agreement;and,
fflw K'Vto undersigned as an chiou or representative of Uh,.CONSULTANT lereby aft mates and affr* that 2does not use ooerOm br
labor a rervt;�as defined in Section 787.06,oitlre Plaids Statutes,3fa�iv2.tuiy t,.?3'Z4;actd _
*bwmK, AUTHORITY,domes CONSULTANT fa co fie to perform Seavinea as may 159 spesi6*designated.and auUakw by die
AUTHMTY.
ftgw, therefore, m consider-ation of the foregoing and +he rruW pfumists and w-ienartts Contained harairt, end W mr-good and valuable
Consideration,the receipt of which is acknowledged by the aillw,the Parties hemb agree as loilvns:
In aaordatca vA Article 1—Etircve Da&erld ho rporation of Red''%Ls.the AUTHORITY and the CONSULTANT nm atty.
agree to extend the Agreetrtenf for above wfiden swAces an the same tents and conditi m for aft ari immal three(3)Yom
e%cd*N*e,=5 through May 7,242d:
AG other pr mk cns of the Agreement fa the services as written above dated ft 2filh of ApM 2022,shah remain h fall face and ailed a d shall not
be slued,amended a rescinded exalt as provided herein.
In t+Yrmess Maned,AUTHORITY and CONSULTANT have made and exeWM this Amendment as of the day and Wy?bow wrftterr
S STE AUTTtt)R1TY OF PALM BEACH COUNTY:
Wl E 8y:
Daniel Pelowitz
1• `�•U L, Executive Director
2.
APPROVED AS TO LEGAL SUFFICIENCY' APPROVED TERMSAND
D G DfTtONS:
Br-
M%c�uieL By:
Michael W. (aria§,fsa.
Generai Counsel Namw
Tntie: 104 Aug a wer�+dY'`
UnderponWfteef pstrory, ONSULTAHT dKbm that k hos read
ft forepofou amendment and Bret the Each et N In Ik as true.
ATTEST: // THOIIPSON CONSULTING SERVICES,ttf:.:
Camo'pw Secretary
WITNESS: Name: J&�Hoyle
1, tl T& President
2_ = c-�, �? A;_, ��D SWI{,+ e$
rn� LilA7.IT.1 c:cs
.M
Approved by AWhonfy Board on February f 2,2025,1fn m 5D. 10�y'•,o el ;