TIDAL BASIN GOV’T CONSULTING, LLC - EMERGENCY MANAGEMENT ADMIN SUPPORT SVCA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES
DESCRIPTION: RFP# 2019-19-8500-36-001
CONTRACT PERIOD: 8/27/2023-08/26/2024
SECTION #1 – VENDOR AWARD
Name: TIDAL BASIN GOV’T CONSULTING, LLC Name:
Contact: WILLIAM J. SLATER Contact:
Phone: 1-888-282-1626 Phone:
Fax: Fax:
E-mail: E-mail:
Name: Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CITY COUNCIL APPROVED ON: 8/08/2023, ITEM J AMENDED AMOUNT:
RESOLUTION NO: INSURANCE REQUIREMENTS:
ANNUAL CONTRACT AMOUNT: PERFORMANCE BOND:
APPLICABLE ORDINANCES:
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, EMERGENCY MANAGEMENT
Contract Administrator: ARMANDO ROJAS
Phone: 305-883-6900
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, EMERGENCY MANAGEMENT
Contract Administrator: ARMANDO ROJAS
Phone: 305-883-6900
Prepared by: MARILIN GUTIERREZ
ITEM# lf
AUG 08 2023
RECEIVED
JUL O 7 2023
OFFICE OF
COUNCIL AGENDA ITEM REQUEST FORM, MANAGEMENT & BUDGET
This form, a letter from the department head addressed to the Mayor and City Council, as well
as supporting documents are due the Monday of the week prior to the City Council Meeting.
Date of Request: July 5, 2023
Requesting City Department:
Emergency Management
Requested Council Meeting
Date: August 8th, 2023
Action Requested from the D Issue a purchase order
City Council:
D Increase a purchase order
D Award a bid
0 Bid No.
D Reject a bid
0 Bid No.
D Special Events Permit
D Street Closure
IZI Other: Contract Extension for one year.
RFP 2019-19-8500-36-001
Scope of service(s) or Recovery, FEMA Public Assistance Program Management
product(s):
Vendor: Tidal Basin Government Consulting LLC
Expenditure Amount: $0.00
Funding Source (i.e., account This is not a request for expenditure.
funding the expenditure):
Purchase Process: [gl Competitive Bidding
D An exception to competitive bidding applies:
D Professional services in the nature of consultants,
Accountants, and attorneys
D Sole source provider
D Emergency based on object facts
D Credit facilities
D Competitive bidding is not required because the City is
utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
D Title of state, county or other governmental
Agencies contract:
D Piggy-back contract expiration date:
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
Signatures:
ctor of Emergency Management
Esteban Bovo, Jr.
Mayor
Monica Perez
Council President
Jacqueline Garcia-Roves
Council Vice-President
Honorable Mayor Esteban Bova, Jr.
And Council Members
City of Hialeah
Hialeah, Florida 3 3 0 I 0
City of Hialeah
July 51h, 2023
RE: Option to Extend the Term of the Professional Services Agreement.
Dear Mayor and Council Members:
Council Members
Bryan Calvo
Vivian Casals-Munoz
Luis Rodriguez
Jesus Tundidor
Carl Zogby
The Charter of Hialeah states that contracts in amounts greater than $15,000.00 shall be awarded based on
specifications and fonnal sealed bids. The Council may award a contract to the lowest responsible and responsive
bidder, or it may reject all bids and re-advertise, or it may waive competitive bidding when it finds it to be in the
best interest of the City.
On August 13, 2019, Tidal Basin Government Consulting, LLC and the City of Hialeah entered into a three (3)
year Professional Services Agreement, whereby Tidal Basin agreed to provide the City with emergency
administrative support services.
Under Section 1 of the Agreement, Tidal Basin and the City of Hialeah have the option to extend the term of the
Agreement for one ( 1) year, or longer, but in no event more than two (2) years, upon mutual agreement of the
parties. Therefore, I am respectfully requesting that the term of the agreement be extended for ( 1) a year, under the
same terms and conditions outlined in the Agreement.
Tidal Basi 1 Government Consulting, LLC is an active corporation in good standing in the State of Florida.
Arman Rojas
Director of Emergency Management
501 Palm Avenue. Hialeah. Florida· 33010--1719
www.hialeahfl.gov
-...
TIDAL
BASIN,.
A RISING PHOENIX HOLDINGS COMPANY
May 11, 2022
SENT VIA CERTIFIED MAIL
Armando Rojas
Director of Emergency Management Office
Hialeah Police Department
5555 East 8 111 Avenue
Hialeah, FL 33013
Lorena Bravo, Esq.
City Attorney
City Hall
501 Palm A venue, 4 th Floor
Hialeah, FL 330 I 0
RE: Option to Extend the Term of the Professional Services Agreement
Dear Mr. Rojas:
On or about August 13, 20 I 9, Tidal Basin Government Consulting, LLC ("Tidal Basin") and the City of
Hialeah, Florida ("City") entered into a Professional Services Agreement ("Agreement"), whereby Tidal
Basin agreed to provide the City with emergency management administrative suppo11 services.
Pursuant to Section I of the Agreement, Tidal Basin and the City have the option to extend the term of
the Agreement for one ( l) year, or longer, but in no event more than two (2) years, upon mutual agreement
of the parties. Tidal Basin would like to request that the term of the Agreement be extended for one ( l)
year, under the same terms and conditions set forth in the Agreement.
Sincerely,
William J. Slater
Vice President of Recovery
Tidal Basin Group
126 Business Park Drive I Utica, NY 13502 I P: 888/282.1626 I TidalBasinGroup.com
Lorena Bravo
City Attorney
Telephone:
(305) 883-5854
Telecopier:
(305) 883-5896
August 27, 2019
VIA U.S. MAIL
Daniel A. Craig
City of Hialeah
Tidal Basin Government Consulting, LLC
126 Business Park Drive
Utica, NY 13502
Assistant City Attorneys
Robert Lloyd-Still
Marbelys Fatjo
Hillah Sara Mendez
Daylen Docampo-Perez
A.J. Marquez-Sterling
David Jove
Elsa I. Jaramillo-Velez
RE: Professional Service Agreement between the City of Hialeah and Tidal Basin
Government Consulting, LLC.
Dear Mr. Craig:
I have enclosed an original fully executed Agreement between Tidal Basin Government
Consulting, LLC. and the City of Hialeah. Please keep this original for your records.
Should you have any questions, please do not hesitate to contact our office.
Sincere(,
~ Day ocampo Perez, Esq.
Assistant City Attorney
s:\ddp\departments\purchasing\k.-2019-038 -tidal basin 2019\lt tidal re contractdocx
501 Palm Avenue, 4th Floor, Hialeah, Florida 33010-4719
www.hialeahfl.gov
~1!1~~~~9.' ~~ment Administrative Services -Tidal Basin Government Consulting, Inc . . ·--·· -·· ·-·· --.. ·•-----·-··--·-----. --------·--·--·----... ----·-...
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HIALEAH
AND
TIDAL BASIN GOVERNMENT CONSULTING, LLC
FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES
This Professional Services Agreement ("Agreement") is entered into this __ day of
2019, between the CITY OF HIALEAH, FLORIDA, a municipal corporation
organized and existing tmder the laws of the State of Florida. having its principal offices at 501
Palm Avenue, Hialeah, Florida 33010 ("City''), and TIDAL BASIN GOVERNMENT
CONSUL TING, LLC, a limited liability corporation established in the District of Columbia,
registered to do business in Florida. whose principal place of business is 126 Business Parle
Drive, Utica, NY 13502 ("Consultant'').
RECITALS:
WHEREAS, the City issued a request for proposals, RFP No. 2019-19-8500-36-00I
("RFP'') soliciting the services of a professional consulting firm to provide the City with
emergency management administrative support services, which shall include, without limitation,
assistance with preparedness, mitigation, preparation of project worksheets, web portal
submissions, project closeouts, audits and appeals, and policy advice on federal disaster relief
programs, federal regulations, including the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Post-Katrina Emergency Management Reform Act of 2006, the Sandy Recovery
Improvement Act of 2013, and federal procurement requirements; and
WHEREAS, the Consultant submitted a proposal in response to the City's RFP; and
WHEREAS, on June 14, 2019, according to Section 2.6 of the RFP, the Director of
Emergency Management evaluated the three (3) proposals received, and recommended the award
of a contract to the Consultant as the highest ranked proposer and whose proposal was deemed to
be the most advantageous to the City; and
WHEREAS, The City Council adopted the Director of Emergency Management's
recommendation and awarded the contract to Tidal Basin Government Consulting, LLC; and
WHEREAS, the City has relied upon the proposal and other information provided by the
Consultant concerning the Consultant's experience and ability to provide emergency
management administrative support services; and
WHEREAS, the City wishes to use and the Consultant wishes to provide the
Consultant's services, subject to the terms and conditions contained in this Agreement; and
WHEREAS, the City Council finds that it is in the public interest and will protect the
public health, safety, and welfare to enter into this Agreement with the Consultant, subject to the
terms and conditions contained herein.
Emergency Management Administrative Services -Tidal Basin Government Consultina Inc.
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NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, and other good and valuable consideration, receipt and sufficiency of which are
hereby expressly acknowledged, Consultant and the City, intending to be legally bound, agree to
the following:
SECTION 1: TERM OF TIDS AGREEMENT
This Agreement shall take effect and be binding upon the Parties from the Effective Date
until the date when this Agreement is terminated or expires. The initial term of this Agreement
shall expire three (3) years after it is duly executed by the Mayor, unless this Agreement is
terminated earlier. The Council shall have the right to renew and extend this Agreement, at the
end of the initial term of this Agreement and at the end of each renewal term (if any), unless the
Consultant gives written notice to the City that the Consultant is not willing to renew this
Agreement and such notice is delivered at least one hundred and twenty (120) days before the
end of the then current term of the Agreement. Each renewal term shall be one year in duration,
unless the City and the Consultant mutually agree to a longer term, but the cumulative duration
of all renewal terms shall not exceed two (2) years. During each renewal term, the City and the
Consultant shall be subject to the conditions and limitations that are contained herein, unless the
City and the Consultant agree otherwise.
SECTION 2: SCOPE OF PROFESSIONAL SERVICES
2.1 Scope of Services. The Consultant shall provide services intended to support the City's
emergency management administrative needs with preparedness, mitigation, response and
recovery associated with disaster related events in order to ensure the maximization of federal
and other funding, and the retention of these funds during subsequent project closeouts and
audits ("Services"). The scope of services to be provided shall include the following:
(a) Provide expert programmatic and policy advice on federal disaster relief
programs. Provide extensive knowledge, experience and technical competence in
dealing with Federal regulations, including the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, Post-Katrina Emergency Management Reform
Act of 2006, and the Sandy Recovery Improvement Act of 2013, and the federal
procurement standards in 2 CFR 200.317 through 200.326.
(b) Review contracts and purchasing documentation to ensure compliance with
federal and State requirements.
(c) Support the undertaking of damage assessments to maximize recovery efforts;
(d) Review eligibility issues, and work with the City to develop justifications for
submission to FEMA and other applicable agencies.
(e) Assist the City in developing an approach to filing and tracking eligible costs.
(f) Assist in the preparation of project worksheets and web portal submissions based
upon actual / estimated costs provided by City departments.
(g) Assist with identifying cost-effective mitigation opporb.m.ities and alternatives
(Section 404 and 406 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act), and the preparation of documentation to secure fimding.
(h) Participate in meetings with FEMA, State of Florida and requisite agencies to
negotiate and formulate individual project worksheets and mitigation projects as
needed.
(i) Assist departments having difficulty with their project worksheet claims.
(j) Assist in determining if any eligible damages have not been identified. and
submitted for reimbursement
(k) Preparation of appeals.
(1) Assist with final inspections, project closeouts and any OIG audits.
(m) Assist with recovering costs from any other Federal and State agency programs.
(n) Assist in long-term recovery planning guidance.
2.l Authorization for Services. Authorization for performance of Services by the
Consultant under this Agreement shall be in the form of a written Task Order(s) issued and
executed by the City and signed by the Consultant. Each Task Order shall describe the Services
required; state the date for commencement and completion of the Services; and establish the
amount and method of payment The City makes no representation or warranty as to the
number of available projects, nor that the Consultant will perform any project for the City
during the Term of this Agreement
2.3 Licenses. The Consultant agrees to obtain and maintain throughout the period this
Agreement is in effect all such licenses as are required to do business in the State of Florida,
Dade County and in the City of Hialeah, Florida.
2.4 Standard of Professional Service. The work and/or services to be provided and/or
performed by the Consultant and by and subcontractor(s) engaged by the consultant as set forth
herein shall be done in accordance with the generally accepted standards of professional practice
and in accordance with the laws rules and regulation, ordinances, codes, policies, standards or
other guidelines issued by those governmental agencies which have jurisdiction over all or a
portion of this project, and which are in effect at the time the City approves this Agreement, or
which may subsequently be changed or revised.
2.5 Additional Services. Should the City request the Consultant to provide and perform
professional services, which are set forth in this Agreement, the Consultant agrees to provide and
perfonn such additional services as may be agreed to in writing by both parties to this
Agreement. The Consultant shall not provide or perform, no shall the City incur or accept any
obligation to compensate the Consultant for any additional services unless and until a written
Task Order or supplemental Task Order has been issued, and compensation has been negotiated
by both Parties.
SECTION 3: COMPENSATION AND FEE
3.1 Compensation. The Consultant shall be compensated for Services for each project, in
accordance with the Task Order issu~d by the City for the same. The Services will be paid for at
the productive hourly rates listed in Exhibit "A" hereto for the personnel classifications. Any
additional personnel will need to be authorized in advance by the City and accompanied by a
new Task Order explicitly outlining the Services to be provided by the additional personnel.
3.2 Reimbursable Expenses.
(a) Reimbursable expenses shall be in addition to the hourly rates. Reimbursable
expenses are subject to (i) the applicable ''Not-to-Exceed" or "Limitation of
Fllllds" amount set forth in the Task Order, and (ii) the provisions of Florida
Statute 112.061, as same may be amended. Reimbursable expenses WILL NOT
cover lodging or meals. Reimbursable expenses will be limited to vehicle mileage
only, unless any other reimbursable expense is approved in writing by the City's
designated representative, prior to the Consultant's performing, or incurring
charges for the same.
(b) Vehicle mileage will be based on the submittal of daily activity logs reporting
mileage driven between locations at the rates authorized in FEMA's Schedule of
Equipment Rates. Any other reimbursable expenses approved by the City in the
Task Order must be supported with original previously agreed upon
documentation, as reimbursement will only be made on actual costs incurred.
(c) Supporting documentation (daily activity logs showing mileage, etc.) must be
provided by the Consultant within thirty (30) days following the end of the
relevant month, and shall be attached to the corresponding invoice in order for
reimbursement to be made.
(d) In addition, the City will not be liable for reimbursing the Consultant for any
charges that are in excess of the ''Not-to-Exceed" or "Limitation of Funds"
amount in a Task Order, unless they were approved, in writing, by the City's
designated representative or his/her designee, prior to the Consultant's
performing, or incurring charges for the same.
(e) "Reimbursable expenses" may include actual expenditures made by the
Consultant, and/or its employees or subcontractors for the following expenses:
1. Expenses of transportation, when traveling in connection with the
performance of Services pursuant to a Task Order, based on Sections
112.061 (7) and (8), Florida Statutes, as same may be amended.
3.3
2. If authorized in writing and in advance by the City's designated
representative or his/her designee, the cost of other expenditures made by
the Consultant in the interest of the particular Services requested pursuant
to a particular Task Order.
Invoice and Payment.
(a)
(b)
(c)
The Consultant shall invoice the City the amount due for actual service hours
performed, at the rate set forth in Exhibit "A", but in no event shall the invoiced
amowit exceed the ''Not to exceed" amount provided on the respective Task
Order. Each Task Order shall be invoiced separately. The invoice shall be
properly dated, and include a detailed description of services rendered; the cost of
the services; the name, title and address of the Consultant; Task Order Number;
and any and all other information requested by the City.
The Consultant must remit all invoices and supporting information to Armando
Rojas, Director of the Emergency Management Office, at 5555 East 8th Avenue,
Hialeah, FL 33013. A paper copy of each invoice must be provided and
electronic copies also may be required.
The City shall pay the Consultant within forty-five (45) days after the City
receives the Consultant's invoice. The City shall have the right to request and
obtain additional information from the Consultant concerning the Consultant's
invoice. The City also has the right to contest the amounts requested in the
Consultant's invoice. However, the City shall pay all undisputed amounts within
forty-five (45) days after receiving the Consultant's invoice.
SECTION 4: INDEMNIFICATION
The provisions set forth in this Section shall survive the expiration or earlier termination
of this Agreement and shall remain binding upon the Consultant. Consultant, for itself, and for its
officers, directors, employees, subcontractors, agents, representatives, successors, assigns, and
any other individual or entity who may attempt to sue or be sued on its behalf, hereby
unequivocally agrees to protect, defend, indemnify, forever discharge, release, waive and hold
harmless the City, its officers, whether elected or appointed, directors, employees, attorneys,
contractors, agents, representatives, and all other persons, entities, organiz.ations and
corporations affiliated therewith ( all of whom collectively constimte the "City's Released
Parties"), from and against any and all claims, suits, causes of action, damages, losses,
liabilities, costs or expenses, including court costs and attorney's fees at all level of proceedings
(including appellate level), and from any judgments, orders or decrees entered thereon or
resulting therefrom, for any personal iajury, loss of life, damage to property, claim for royalties,
infringement of copyright, tradename, trademark, patent or tradesecret. or any other liability,
loss, cost or expense of any kind (all of which collectively constitute "Claims"), arising out of,
resulting from, relating to, incidental to, or in any way connected to Consultant's performance of
this Agreement. Consultant shall not be responsible for Claims, as collectively defined in this
Section, caused by the negligent acts or omissions of the City's Released Parties.
Emergency Management Administrative Services -Tidal Basin Government Consulting. Inc. -•·· ..... -··------•--•-•-·-•·-··-----·-. ·-·--··· -------·· -----···-.
The Consultant covenants and agrees that no Claims, as collectively defined in this
Section, shaJI be asserted against the City and additionally, no such Claims will be permitted to
arise, be filed or maintained against the City, for or on account of any work, labor, services,
materials, equipment or other items performed or furnished for or in connection with
this Agreement. The Consultant agrees to cause any of the foregoing Claims to be satisfied,
removed or discharged at its own expense by bond, payment or otherwise within thirty (30) days
from the date of the filing, and upon the Consultant's failure to do so, after notice, the City shall
have the right (but not the obligation), in addition to all other rights and remedies provided under
this Agreement or by law, to cause the Claims to be satisfied, removed or discharged by
whatever means the City chooses, at the entire cost and expense of the Consultant.
Consultant agrees, at Consultant's expense, after written notice from the City, to defend
any action against the City that falls within the scope of an indemnity provided in this Section, or
the City, at the City's option, may elect instead to secure its own attorney to defend any such
action and the reasonable costs and expenses of such attorney incurred in defending such action
shall be payable by Consultant
The parties agree that the provisions of this Section do not benefit any third party, and are
not intended to benefit any person or entity that is not a party to this Agreement. Instead, the
provisions of this Section are solely for the City's benefit.
SECTION 5: INSURANCE
The Consultant shall maintain during the Term of this Agreement, the insurance specified
below and comply with the requirements included in the City of Hialeah Insurance Check List
attached hereafter as Exhibit "B" of this Agreement:
Consultant shall provide, pay for and maintain at all times during the Term of this
Agreement, such insurance, including Worker's Compensation Insurance, Employer's Liability
Insurance, Comprehensive General Liability Insurance, Business Automobile "Liability .
Insurance, in such amounts acceptable to the Risk Manager of the City.
Such policy or policies shall be issued by the United States Treasury-approved companies
authorized to do business in the State of Florida, and having agents upon whom service of
process may be made in the State of Florida. Consultant shall specifically protect the City by
naming the City as additional insured under the Comprehensive General Liability Insurance
Policy.
Consultant shall furnish City certificates of insurance, which shall state that policy
cancellation and non-renewal or reduction of coverage will not be effective until at least thirty
(30) days after written notice is delivered to the City. Consultant shall include City as an
additional insured on all liability insurance policies required by the Agreement Consultant
shall require all of its subcontractors to include City and Consultant as additional insureds on
all of their liability insurance policies.
Emergency Management Administrative Services -Tidal Basin Government Consultino Inc.
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SECTION 6: INDEPENDENT CONTRACTOR
The Consultant, its employees, agents or representatives, shall be deemed to be
independent contractor and not agents or employees of the City. The City shall have no
obligation to pay or provide for Consultant's employees, agents, representatives, or
subcontractors. Consultant's employees, agents, representatives, or subcontractors shall not
attain any right or benefit under the civil service or pension ordinances of the City, or any right
or benefit generally afforded classified or unclassified employees of the City, such as pension
benefits, worker's compensation, health insurance, unemployment benefits, or any other right or
privilege granted to the City's officers and employees.
The Consultant does not have the power or authority to bind the City in any promise,
agreement or representation other than as specifically provided for in this Agreement.
SECTION 7: COMPLIANCE WITH LAWS
When performing the services required by this Agreement, Consultant must comply with
all Applicable Law and regulatory requirements, including federal, state, and local laws, rules,
regulations, orders, codes, criteria and standards.
SECTIONS: SUBCONTRACTORS
The City reserves its right to accept the use of a subcontractor or to reject the
Consultant's selection of a particular subcontractor tmder this Agreement If a subcontractor
fails to perform or make progress as required by this Agreement, and it is necessary to replace
the subcontractor to complete the work in a timely fashion, the Consultant shall promptly do so,
subject to the City's acceptance of the new subcontractor.
SECTION 9: FEDERAL AND STATE TAXES
The City is exempt from federal tax and state sales and use taxes. Upon request, the City
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 City, nor
shall the Consultant be authorized to use the City's Tax Exemption Number in securing such
materials.
SECTION 10: AVAil.,AlULITY OF FUNDS
The obligations of the City under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the City Council.
SECTION 11: DEFAULT
The City may, by written notice of default to the Consultant, terminate this Agreement in
whole or in part if the Consultant fails to satisfactorily perform any provisions of this Agreement,
or fails to make progress so as to endanger performance under the terms and conditions of this
Agreement, or provides repeated non-performance, or does not remedy such failure within a
period often (10) days after receipt of notice from the City specifying such failure. In the event
the City terminates this Agreement in whole or in part because of default of the Consultant, the
E_i:!1:_rg~11~~ag-~ment A~ministrative Services -Tidal Basin Government Consulting, Inc. --·--------------·. --··•· -····· ---•···--···----•-·--·
City may procure goods and/or services similar to those terminated, and the Consultant shall be
liable for any excess costs incurred due to this action.
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
Contractor), the rights and obligations of the parties shall be those provided in Section 12 -
Termination for Convenience.
SECTION 12: TERMINATION FOR CONVENIENCE
The Mayor may, whenever the interests of the City so require, tenninate this Agreement,
in whole or in part, for the convenience of the City. The Mayor shall give thirty (30) days prior
written notice of tennination to the Consultant, specifying the portions of the Agreement to be
terminated and when the termination is to become effective. If only portions of the Agreement
are terminated, the Consultant has the right to withdraw, without adverse action, from the entire
Agreement
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 and on the date given in the notice of termination. Additionally, unless directed
differently, the successful Consultant shall terminate outstanding orders and/or subcontracts
related to the terminated work.
Unless the Consultant is in breach of this Agreement, the Consultant shall be paid for
services rendered to the City's satisfaction through the date of termination.
SECTION13: UNCONTROLLABLEFORCES
Neither the City 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, war, riot, civil disturbance, sabotage, and governmental
actions.
Neither Party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable and which the nonperfonning Party
could have, with the exercise of reasonable diligence, prevented, removed or remedied with
reasonable dispatch. The nonperforming 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
obligation of this Agreement.
SECTION 14: VENUE AND ATTORNEYS' FEES
This Agreement shall be governed by the laws of the State of Florida. The exclusive
venue for legal actions concerning this Agreement shall be the state or federal courts in and for
Miami-Dade County. In any dispute or proceeding concerning this Agreement, ea.ch Party shall
Emergency Mana_gement Admini~tive Services -Tidal Basin Government Consulting., ~c.
bear its own costs and attorneys' fees. The prevailing party in such cases shall not be entitled to
an award of attorneys' fees.
SECTION 15: NO JURY TRIAL
The Parties agree that any claim filed in state or federal court concerning this Agreement
shall be heard by a judge, sitting without a jury. THE CITY AND TIIE CONTRACTOR
HEREBY KNOWINGLY, VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT
THEY MAY HAVE TO A JURY TRlAL CONCERNING THE PERFORMANCE,
INTERPRETATION, APPLICATION, OR ENFORCE:MENT OF THIS AGREE:MENT.
SECTION 16: OPERATIONS DURING DISPUTE
If a dispute arises between the City, the Consultant, or any other person concerning the
Consultant's perfonnance, rights, or compensation under this Agreement, the Consultant shall
continue to perform its duties in strict compliance with the requirements of this Agreement,
regardless of the pending dispute.
SECTI,ON 17: REMEDIES NOT EXCLUSIVE
Except as otherwise provided 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 or by statute or otherwise. No single or partial exercise by any Party of any right, power,
or remedy hereunder shall preclude any other or further exercise thereof.
SECTION 18: LIMITATIONS ON LAWSUITS AGAINST THE CITY
Nothing in this Agreement shall constitute a waiver of the City's sovereign immunity in
tort actions or a waiver of any provisions in Section 768.28, Florida Statutes. Nothing in this
Agreement shall constitute the City's consent to be sued by any third party in any matter arising
out of this Agreement.
SECTION 19: PUBLIC RECORDS
The Consultant shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions in
Section 119.0701, Florida Statutes. To the extent that the Consultant and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall:
(a) Keep and maintain public records required by the City to perform
the services provided hereunder.
(b) Upon request from the City's custodian of public records, provide
the City 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 in Chapter 119, Florida Statutes, or as
otherwise provided by law.
(c) 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 term of
this Agreement and following completion of this Agreement if the
Consultant does not transfer the records to the City.
(d) Upon completion of the Agreement, transfer, at no cost, to the City
all public records in the possession of the Consultant or keep and
maintain public records required by the City to perform the service.
If the Consultant transfers all public records to the City upon
completion 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 City, upon request from the City's custodian of
public records, in a format that is compatible with the infonnation
technology systems of the City.
If the Consultant fails to comply with the requirements in this Section 19, the City may
enforce these provisions in accordance with the terms of this Agreement. If the Consultant fails
to provide the public records to the City within a reasonable time, it may be subject to penalties
under Section 119.10, 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, THE
CONSULTANf SHOULD CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, BY
TELEPHONE (305/883-5820), E-MAIL
{CITYCI,FRK@IDALEAmFL.GOY}, OR MAIL (CITY OF
HIALEAH, OFFICE OF THE CITY CLERK, 501 PALM
A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
SECTION 20: NON-DISCRJMINATION
Consultant agrees that it shall not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual orientation, and Consultant shall take
affirmative steps to ensure that applicants are employed and employees are treated during
employment by Consultant without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeships. Consultant agrees to furnish the City with a copy of its non-
discrimination and equal employment opportunity policy, upon request.
Emergent:¥ Man_agemen~ Ad.~ve -~~rvic~-'.fJdal Basin. Goyei:nm~-~~-ConsuJ~ •. Inc._ . _ Pag.: 111
SECTION 21: WAIVER
A waiver by either City 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
future 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
subsequent default or breach.
SECTION 22: SEVERABILITY
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. The provisions of this Section 22 shall not prevent the entire Agreement from
being void should a provision which is of the essence of the Agreement be determined to be
void.
SECTION 23: ENTIRETY OF AGREEMENT
The City and the Consultant agree that this Agreement 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 City and Contractor pertaining to the
services required herein, whether written or oral. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or otherwise altered except
by written instrument executed by the Parties hereto.
The following exhibits are attached to this Agreement and they are incorporated herein
by this reference: ·
Exhibit A. • Hourly Rates as submitted by the Consultant
Exhibit B. -Insurance Checklist
Exhibit C. -City's Request for Proposals No. 2019-19-8500-36-001
Exhibit D. -Consultant's response to the City's RFP
There are no Agreement documents other than those listed above. In the event of a
conflict between this Agreement and the provisions of any exhibit, the provisions of this
Agreement shall control when interpreting thi!? Agreement.
SECTION 24: MODIF1CATION
The Agreement may not be modified unless such modifications are evidenced in writing
signed by both City and Consultant. Such modifications shall be in the fonn of a written
Amendment executed by both Parties.
l.' u~ e I 12
SECTION 25: SUCCESSORS AND ASSIGNS
City and Consultant each binds itself and its partners, successors, assigns and legal
representatives to the other Party to this Agreement and to their partners, successors, executors,
administrators,· assigns, and legal representatives. Consultant shall not assign this Agreement
without the express written approval of the City via executed amendment.
SECTION 26: NON CONTINGENT FEES
The Consultant warrants that it has not employed or retained any 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 other than a bona fide employee working solely
for the Consultant, any fee, commission, percentage, gift or other consideration contingent upon
or resulting from the award or making of this Agreement.
SECTION 27: TRUTH-IN-NEGOTIATION CERTIFICATE
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 date
of the Agreement.
The said Rates and costs shall be adjusted to exclude any significant sums should the City
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 contractors. The City
shall exercise its rights under this "certificate" within one (1) year following payment.
SECTION 28: OWNERSHIP OF DOCUMENTS
Consultant shall be required to cooperate with other contractors relative to providing
infonnation 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 City for
its use and/or distribution as may be deemed appropriate by the City.
SECTION 29: ACCESS AND AUDITS
Consultant shall maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years after project closeout by the Federal
Emergency Management Agency (''FEMA") or eight (8) years following final payment by the
City to the Consultant, whichever comes last. The City shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit.
In the event records retention requirements in Florida Statutes, Chapters, exceed those of
FEMA, the records shall be retained to comply with the State of Florida requirements.
SECTION 30: ACCESS TO RECORDS AND THEIR RETENTION
The Consultant shall maintain adequate records to justify all charges. expenses, and costs
incurred in estimating and perfonning the Agreement for at least three (3) years after project
closeout by the Federal Emergency Management Agency ("FEMA") or eight (8) years following
final payment by the City to the Consultant, whichever comes last. In the event of litigation or
the settlement of claims arising from the perfonnance of the Agreement, the Consultant agrees to
J> age I 13
maintain said records witil all litigation, claims, appeals or exceptions related thereto have been
resolved. The records shall be maintained at a location in Miami-Dade County, Florida or such
other location in Florida approved by the City.
The Consultant shall make all of its books, records, and other documents, related in any
manner to its or its subcontractors' perfonnance of the Agreement, available to the City and any
other funding entity 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 Miami-Dade County, then at the location for maintenance of records
referenced above. The Consultant shall also require its subcontractors to make their books,
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.
SECTION 31: NOTICE
Any notice, demand, communication, or request required or pennitted hereunder shall be
in writing and delivered in person or sent by certified mail, postage prepaid as follows:
(a) If to the City:
Armando Rojas
Director of Emergency Management Office
Hialeah Police Department
5555 East 8th Avenue
Hialeah, FL 33013
Telephone: 305/863-2847
With a copy to:
City Attorney
City of Hialeah
501 Palm Avenue (4th Floor)
Hialeah, FL 33010-4719
Telephone: 305/883-5854
(b) If to the Contractor:
Daniel A. Craig
Tidal Basin Government Consulting, LLC
126 Business Park Drive
Utica, NY 13502
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 and
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 also must be mailed as required herein. Nothing contained in this Section 31 shall be
construed to restrict the transmission of routine communications between representatives of
Consultant and the City.
SECTION 32: SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into any Agreement with the City, or
performing any work in furtherance hereof, Consultant hereby certifies that Consultant and
Consultant's affiliates, suppliers, subcontractors, and contractors who will perfonn 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 .4 73. If the City determines, using credible information available to the public, that a false
certification has been submitted by Consultant, the Consultant 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. 287.13.
SECTION 33: CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
The Consultant agrees to comply with the non-procurement debarment and suspension
regulations implementing Executive Orders 12549 and 12689, 2 CFR 180 and 2 CFR § 200.212.
The Consultant must include the requirement to comply with Executive Orders 12549 and
12689, 2 CFR 180 and 2 CFR § 200.212 in any lower tier covered transaction it enters into.
Consultant's certification is a material representation of fact relied upon by the City. If it is later
detennined that the Consultant knowingly rendered an erroneous certification, in addition to
remedies available to the City, 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.
SECTION 34: 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, FHWA, FEMA and
other federal-aid agencies.
SECTION 35: COMPLIANCE WITH TITLE VI,
TITLE VII, AND OTHER FEDERAL LAWS
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, FHWA,
FEMA, and/or other federal-aid agencies, as they may be promulgated and amended from time to
time.
r 11 g .:_I 15
SECTION 36: 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.
SECTION 37: SURVIVABILITY
Any term, condition, covenant, or obligation which requires performance by a Party
subsequent to termination of this Agreement shall remain enforceable against such Party
subsequent to such termination.
SECTION 38_: NO THIRD PARTY BENEFICIARIES
This Agreement only provides rights and remedies for the City and the Consultant, except
and only to the extent that Section 4 provides limited rights for City Indemnified Parties.
Notwithstanding anything else contained herein, this Agreement does not provide any rights or
remedies for any other Person. There are no third party beneficiaries under this Agreement,
except City Indemnified Parties.
SECTION 39: NON-DELEGABLE
Consultant acknowledges that in entering upon this Agreement, the City has relied upon
the Consultant's background and experience, including any prior experience in providing these
or other similar services to the City. As such, the duties and obligations undertaken by
Consultant pursuant to this Agreement shall not be delegated or assigned to any other person or
entity, in whole or in part, unless the City shall first consent in writing to the· performance or
assignment of such service or any· part thereof by another person or entity. In any instance
wherein Consultant desires to effect an assignment or delegate any right or responsibility of
performance under this Agreement, except as provided for in the Scope of Services, Consultant
shall provide to the City all documents and information that the City may reasonably request to
allow the City to evaluate whether the proposed assignee has the integrity, reliability, experience
and capability in all respect to fully perform in good faith. The City shall have full discretion to
approve or deny, with or without cause, any proposed or actual assignment of Consultant Any
assignment made by Consultant without the express written consent of the City shall be null and
void and shall be grounds for the City to declare a default of this Agreement.
SECTION 40: PUBLIC ENTITY CRIMES
None of the agents, members, managers, partners, officers, directors, employees, or
executives of the Consultant, or any affiliate that is active in the management of the Consultant,
has been convicted of a public entity crime, as defined in Section 287. 133(1 )(g), Florida Statutes.
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
Emergency f\1anagement Administrati~~ Seryi_ces -T!dal ~ilSin G~v~e1_1t ~<>~ulti~~_Inc_.
SECTION 41: CONFLICT OF INTEREST
The Consultant covenants that no person under its employ who presently exercises any
ftmctions or responsibilities on behalf of the Consultant in connection with this Agreement has
any personal or financial interests, direct or indirect, with the City. The Consultant further
covenants that, in the performance of the Agreement, no person having such conflicting interest
shall be employed. Any such interest on the part of the Consultant or its employees must be
disclosed in writing to the City.
The Consultant is aware of the conflict of interest laws of the City (Hialeah Code ch, 26,
Art. I and II), the County (Code of Miami-Dade County, Florida § 2-11.1), and the State of
Florida (Chapter 112, Part m, Florida Statutes) and agrees that it shall fully comply in all
respects with the requirements of said laws and any other applicable law.
SECTION 42: NON-EXCLUSIVE AGREEMENT
There shall be no breach of this Agreement if the City contracts with or engages other
Consultants to do similar work. Consultant agrees to coordinate its efforts and performance with
that of other consultants.
SECTION 43: CONSULTANT'S REPRESENTATIONS AND WARRANTIES
The Consultant represents and warrants to the City that:
(a) The Consultant is a corporation existing in good standing under the laws of the state of its
formation, is in good standing under the laws of the State of Florida, and is duly qualified
to do business wherever necessary to carry on the business and operations contemplated
by this Agreement.
(b) The Consultant has the requisite power, authority, and legal right to enter into and
perform its obligations under this Agreement and possesses all orders, permits, consents,
licenses, approvals, franchises, certificates, registrations, and other authorizations from
third parties and governmental authorities that are necessary to conduct its current
business and to satisfy its duties and obligations under this Agreement.
(c) This Agreement has been duly executed and delivered by the Consultant and, as of the
Effective Date, constitutes a legal, valid, and binding obligation of the Consultant
enforceable by the City against the Consultant in accordance with its terms, except to the
extent its enforceability is limited by the application of general principles of equity and
by bankruptcy, insolvency, moratorium, debtor relief, and similar laws of general
application affecting the enforcement of creditor rights and debtor obligations.
(d) To the best of the Consultant's information and belief, there is no action, suit, or
proceeding, at law or in equity, before or by any court or governmental authority pending
against the City or the Consultant, in which an unfavorable decision, ruling, or finding
would materially and adversely affect the performance by the Consultant of its
obligations under this Agreement, or that in any way would adversely affect the validity
Emergency Man32;em~t _Administrative S1:_,yices -Tidal ~~_in: Gove~ent_ ~~~tin~, ln~_-
or enforceability of this Agreement, or any other agreement or instrument entered into by
the Consultant or any of its affiliates in connection with this Agreement.
(e) The Consultant did not engage, directly or indirectly, in any collusion, bribery, deception,
or fraud in connection with its efforts to procure the work awarded under this Agreement.
(f) The personnel employed by the Consultant have the proper skill, licenses, training,
background, knowledge, experience, authorizations, integrity, and character necessary to
perform the Consultant's obligations in compliance with this Agreement ·
(g) No City employee received or will receive, directly or indirectly, any benefit, interest, or
profit out of the procurement process that resulted in the award of this Agreement or in
connection with this Agreement or the services to be provided pursuant to this
Agreement, and no City employee has or will have any direct or indirect financial interest
in the award of this Agreement or any of the services to be provided pursuant to this
Agreement.
[Space intentionally left blank. Signature page follows]
Emergency Management Administrative Services -Tidal Basin Government Consulting, Inc. I'll g.., I 18
IN WITNESS WHEREOF, the parties hereby execute this Agreement by their
respect ive proper officers duly authorized thereunto, to be effective as of the date the last of the
Parties signs this Agreement.
CITY OF HIALEAH :
City Clerk
(SEAL)
Datd
OVERNMENT CONSULTING, LLC
26 Business Park Drive
Utica.NY!~
Signature: ~
Name: S-h:ehf}j1 T Stu~
Title: Sfn1c<. (/CCR . f N.Drla,cf-
Date: f{(J/1.1
STATEOFFbQ&l-9A-Ni\M~<fll.t
COUNTY OF Q'l)Jjtf tZJ
Attest Witness :
Signature:-fl\OUQ t fuPm,
Name: Mbr•o E' Supp{\
Date: 8 l I l I • ~
Attest Witness:
Signature: C&udlu j OAJlD
Name: O vlD:bU /2'-tllc
Date: g'°/ ( 5/ L 1.
¾,:om. to ans!, subscribed before me on this I(> day of J\u~U.M: , 2019, by
.,')$Mn T JU,rw_ , on behalf of T idal Basin Government Co ~u ing, LLC in his/her
capacity as set~,bo lii'G 0:tallk:rand /1U011itt li:,[Lu,C4,,) , ' · iii~ .A-,'e.t(J, as
attesting witnesses . f I
~ Personally known or
__ Produced valid photo identification
Commis s ion:
BRIANNA L. MOYER
Notary Public in the State of New York
Qualified in Oneida County 01M06291465
My Commission Expices Dec. 23 , 20 ..'-J....
Emergency Manageinent ~d~irli~ye Services_-:-Tidal_ Basin Go_vernme~_ <:~~~_tin~ Inc. rag c I 19
EXHIBIT "A''
HOURLY RATES
AS SUBMITTED BY CONSULTANT IN RESPONSE TO
RFP No. 2018-19-8500-36-001
Emergency Management Administrative Services -Tidal Basin Government Consultin~ Inc. I' a g c j 20
AppendlxC
Cosr PROPOSAL AND PRICE SCHEDULE FORM
EMERGENCY MANAGEMENT ADMINISTRATIVESUP!'ORT SERVICES RFP No.: 2018-19-8500-36--001
Proposer shall identify the designated team members/personnel it anticipates would be needed to complete the Work required unde1
Appendix C-1 Sample Task Order, and shall provide an all-inclusive hourly rate for each o[the te:im members, nnd the nmount al
hours it anticipates it would take for each of the te:im members/personnel to complete the Work descnoed therein. Proposer affirm!
that the prices stated on this Cost Proposal form below represents the entire cost of the items in full accordance wi~, the
requirements of this RFP, inclusive of its terms, conditions, specificntions and other reqttlrements stnted herein, and that no claim
will be made on account of any increase in wage scales, materials prices, delivery delays, uxes, insurance, cost indexes or any othei
unless cost escalation provision is allowed herein and has been by exercised by the City in advance. The Cost Proposal Form shall
be completed mechanic.ally or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. Ali
corrections on the Cost Proposal Farm shall be initialed..
.\nticipalcd Blcndccl R:itc
. -.. Position Title I llour1y ihtc' -~<>-or Hou1:s .i ( ~lourly Rate -#of !lours) -I
Principal $220.00 0 s 0.00
Project Manager $165.00 1,079 s 178,035.00
Senior Grants Manager $125.00 0 $ 0.00
Grants Manager /Consultant 5115.00 1,524 s 175,260.00
Documentation Specialist $90.00 600 s 54,000.00
Engineer $130.00 0 $ 0 .00
Cost Estimation/ Assessor $115.00 0 $ 0.00
Administration $80.00 0 $ o.oo
Quali Assurance Officer S12s.oo 0 $ 0.00
$ $
$ $
$ $
3,203 $407,296.65
1 ·1n a scparale sheet of paper, include the job description for each Position Tille id~otifiecL
~ Hourly rates shall be all-inclusive, including. but not limited 10, lobar, bcnclils, insurnnces, ov<rherui and
administr.ition, and profit.
J Anricipnled number of hows per position required to complclc the work d~cnlx:d in the Sample Task Order .
4 Extended R:ite equals the hourly rate and the hours ofparticipntion for each position.
; The sum oflhe product for each position sllnll be the proposed Total Blcndcl Rote:.
C010(>;1ny: Tidal Basin Government Consulting, LLC
Aulhoriud Repr,scnfoliw:: Gre Raab
Address: 126 Business Park Drive Utica, NY 13502
Td•phooc: 315-797-3035
Emoil: graab@rphc.com
Emergency Management Adminis~tive ~-e~_ces :--Tidal ~~in _Gov~m_ment Consul~~ Inc. pug~ 121
Principal In Charge
Responsible for communicating directly with client in the Implementation of the engagement(s) as well
as resolving any disputes that may arise. Responsibilities Include, but are not limited to, assurance that
technical, administrative, labor and quality objectives are met in accordance with TB standards. Ability
to manage large groups of consultants. oversees client relationship, serving as liaison with on-site
program management team and ensuring that all contractual obligations are met.
Project Manager
Serves as client's primary point of contact for projects that cover a broad range of consulting services,
including strategy development, program planning. auditing and evaluation, executive management
coaching. poilcyand regulation development. Provides on-site leadership when necessary. Creates
staffing plan to meet identified needs for subject matter expertise. Coordinates the efforts of all
principals and subcontractors and may provide guidance and training to team members. Serves as a
subject matter expert in in the development of the deliverables. Possesses facilitation and
management skllis. Assists or leads in the facilitation of discussions and meetings with client.
Develops, Implements and monitors project scope, methodology, timelines, deliverable and budgets,
providing client with regular status updates. Ensures project milestones are achieved.
senior Grants Manager
Responsible for the dally management and oversight of local office staff, reporting requirements,
coordination with senior staff on daily activities, and the ongoing needs of rec:overy operations;
requests and directs technical assistance related to clientand/orapplicant-spedficlssues: oversees
policy and procedure implementation as directed by the project manager; serves as local point of ·
contact for Issue resolution; represents dientln meetings with FEMAand state agencies; provides
recommendations on how to improve overall operations and streamline program delivery; and
ensures that documentation is developed and maintained sufficiently to support programmatic
actions and expencrrtures.
Grants Manager/Consultant
Responsible for the dally management and oversight oflocal office staff, reporting requlreme nts,
coordination with senior staff on dany activities, and the ongoing needs of recovery operations;
requests and directs technical assistance related to client and/or applicant-specific issues; oversees
policy and procedure Implementation as directed by the project manager, serves as local point of
contact for Issue resolution; represents cllentln meetings with FEMAand state agencies; provides
recommendations on how to improve overall operatlons and streamline program delivery; and
ensures that documentation Is developed and maintained sufficiently to support programmatic
actions and expenditures.
Documentation Specialist
The research analyst has knowledge of all phases of complex research and application, speciflcally
knowledge Involving technical aspects of various facilities and selecting and utilizing appropriate
methodologies and software as well as analyzing data across field observations and documents. Using
Independent judgement, they will respond to requests and manage survey and database entries
accordln!lly. The Employee/candidate will use a wide application ofprlnc:lples, theories, concepts, and
techniques to develop Innovative solutlons to problems and will apply professional knowledge to
gather facts, research and analyze the data, and develop conclusions and recommendations.
Education/Experience: At least 3 years of experience In addition to a bachelor's degree or
demonstrated equivalent combination of education. technical training and work experience.
Individual will be experienced in decision making and managing multiple programs/projects
simultaneously. Analyst wlil have had progressively responsible experience In projects requiring
research and analytical-based work.
Emergency ~agement A~ve Services -Tidal Basin Gove~ent ~nsu!~ng,_ ~c .. Pug" 122
Engineer
Employee or candidate will be a technical subject matter expert In specialized areas includlngvarlous
critical Infrastructures, airports, stadiums, hospitals, elec:trlcal grid and water supply and related
experience involving natural and/ or manmade disasters. The position focuses on a comprehensive
review of critical or specialized sites, data collection, and methodology development solutions for
mitigation Implementation and general infrastructure support.
Education/Experience: Skllls and experience include minimum 8+ years of experience working with varioµs
infrastructure facilities deemed critical or site sensitive. Strons technical and background knowledge
associated with specific Industry or facility.
Cost Estimation / Assessor
Develops, Implements and monitors project scope, methodology, tlmellnes, deliverable and budgets,
providing client with regular status updates. Provides budget updates and real-time reporting of project
costs. Ensures budR:et milestones are achieved.
Administration
Provides administrative support to the disaster recovery team, including Inputting relevant data Into the
project's and/or client's database as required. Preparation of meetings and other sessions, documentation
of meeting results. Supports the development of all materials necessary for meetings and other sessions,
Including agendas and support materials. Assists with documentation, tracking, and reporting
requirements.
Quality Assurance Officer
Possesses experience in the engineering field, cyber/ security, and also demonstrates prior experience,
knowledge and direct, explicit appilc:atlon of several fields to which the assessment addresses.
Specialists wlll also demonstrate an overall understanding and comprehension of overall content In the
assessment and possess prior review experience across various industries such as finance and building.
The Individual will collect, analyze, organize, and summarize data gathered via assessments and
dOC\Jmentatlon; Perform extensive reviews of complete assessment documentation Including, but not
limited to building systems, emergency plans, operational plans, insurance policies and procurement
policies. Individual will consult with applicable management personnel and subject matter experts to
ensure compliance and advance proper documentation and all associated data to permanent
repository. Responsible for tracking progress and deadlines while assisting In preparation of reports and
summaries throughout the entirety of project.
EXIDBIT "B"
CITY OF HIALEAH
INSURANCE CHECK LIST
INSURANCE
x_ 1. WORKERS' COMPENSATION AND
EMPLOYEE'S LlABILITY
x_ 2. COMMERCIAL GENERAL LIABILITY
PREMISES OPERATIONS
INCLUDED; PRODUCTS AND
COMPLETED OPERATIONS INCLUDED;
INDEPENDENT CONSULTANTS (O.C.P.)
INCLUDED; ELEVATORS INCLUDED;
SUPERVISION EXCLUSION DELETED;
PERSONAL INJURY LIABILITY INCL
JL 3. BROAD FORM PROPERTY DAMAGE
ENDORSEMENT
x_ 4. CONTRACTUAL INDEMNITY/HOLD
HARMLESS ENDORSEMENT EXACTLY
. AS WRITTEN IN "rnSURANCE REQUIRE-
MENTS' OF SPECIFICATIONS
X... S. AUTOMOBILE LiABILITY OWNED NON-
OWNED/HIRED AUTOMOBil.ES
INCLUDED
X_ 6. UMBRELLA LIABILITY
7. GARAGE LIABILITY
8. GARAGEKEEPER'S LEGAL LIABILITY
LIMITS
STATUTORY LIMITS OFTIIE STATE
OF FLORIDA
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 SlNGLE LIM11 FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 EXCESS OF ALL
PRIMARY COVERAGE
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
CO:MBINED EACH OCCURRENCE
$100,000 EACH OCCURRENCE
X... 9. 1HE CITY MUST BE NAMED BY ENDORSEMENT AS ADDmONAL INSURED ON THE
INSURANCE POLICY AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFICATE.
"THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY TO ALL OTHER
COVERAGES THE CITY POSSESSES FOR THIS CONTRACT ONLY."
10. TEACHERS PROFESSIONAL LIABILITY
11. LIQUOR LEGAL LIABILITY
$1,000,000 EACH CLAIM
$1,000,000
EACH OCCURRENCE
12. CROSS LIABILITY OR SEVERABil.lTY OF lNTERESTS CLAUSE ENDORSEMENT
_13. xcu PROPERTY DAMAGE EXCLUSION DELETED AND nns COVERAGE WILL
PROVIDED .
_14. BUilDERS RISK
_15. OTHER INSURANCE AS INDICATED BELOW:
FULL CONSTRUCTION COSTS OF
TIIB PROJECT
,X_l6. TIIlRTY (30) DAYS CANCELLATION NOTICE REQUIRED
X ... J7. BEST'S GUIDE RATING A-XOR BETIER OR ITS EQUIVALENT
_x_18.THE CERTIFICATE MUST STATE THE BID NUMBER AND TITLE
_19. CYBERLIABILITY
_20. POLLUTION LIABILITY
_21. ERRORS & OMrvlISSIONS/PROFESSIONAL
LIABILITY
$1,000,000
EACHCLAIM
$1,000,000
EACHCLAIM
$1,000,000
EACHCLAIM
Emergency Manageme~t Adminis~tive ~ervices -.. Ticlal ~~in ~v~~~nt ~onsultirig, Inc. _ _P_ a g.: 12s
EXHIBIT "C"
City's Request for Proposals No. 2019-19-8500-36-001
Incorporated herein by reference in its entirety as if fully set forth herein.
EXHIBIT "D"
Consultant's response to the
_l'ugc:l26
Request for Proposals No. 2019-19-8500-36-001
Incorporated herein by reference in its entirety as if fully set forth herein. .
5/17/22 , 1:29 PM Detail by Entity Name
-~) • I. : • I : { ) : ( J_l
I I ( : , ;..J r • , , r '.' f ( I
__,_)_!._.!.. )_;_...!.· _ _.:. _ _)_._..J
Oe,partmcn l o f S l.1t e / 01v1s1nn of Cor(lora l1ons / Search Record s / ;ifilirr.h by..£Qilly N<ime /
Detail by Entity Name
Foreign Limited Liability Company
TIDAL BASIN GOVERNMENT CONSULTING, LLC
Elling Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
PrinciRal Address
M10000000434
20-5926493
02/01/2010
DC
ACTIVE
LC STMNT OF RA/RO CHG
11/24/2014
NONE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Changed: 04/16/2021
Mailing Address
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Changed : 04/16/2021
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
Name Changed: 11/24/2014
Address Changed: 11/24/2014
Authorized Person(s) Detail
Name & Address
Title Manager, CEO
Craig , Daniel A
https ://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TIDALBA... 1/4
5/17/22, 1:29 PM
675 N. Washington Street
Suite 400
Alexandria, VA 22314
Title Manager, AVP
SLATER, BILL
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, SVP, COO
CASTILLO, CARLOS
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, AVP
SARDELLl,FRANK
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
SCOTT, GORDON
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
STICKLER, HEATHER
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, Asst. Secretary, Asst. Treasurer
GIBSON, JANES CLAY
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
AGOSTINO, JOHN
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
NICHOLS, LORI
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Detail by Entity Name
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EnlilyName&directionType=lnitial&searchNameOrder=TIDALBA... 2/4
5/17/22, 1:29 PM
TiUe Manager, Asst. Secretary, Asst. Treasurer, VP
SUPPA, MARIA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, SVP, COO
MISCZAK, MARK
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, VP
GORDON.MELISSA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, VP
MATTHEWS, MOLLIE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, Chairman
CUCCARO, RONALD A.
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, AVP
MANEK, SHEILA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
TiUe Manager, VP
MURPHY, STEPHANIE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, President, Secretary, Treasurer
SURACE, STEPHEN T.
126 BUSINESS PARK DRIVE
UTICA, NY 13502
AnnualRepo
Report Year Filed Date
Detail by Entity Name
https://search.sunbiz .org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype"EntityName&directionType"lnitial&searchNameOrder-TIDALBA... 3/4
5/17/22, 1 :29 PM
2020
2021
2022
01/23/2020
04/16/2021
04/14/2022
Document Images
0 4/14 /202 2 ·· ANNUAL REPO RT
0 4,1612021 -AN NUAL REP ORT
0 1123/2 0?0 -AN NUAL REPOR1
01 i 29/201 9 --AN NU A L REPORT
0 1/0 4/20 18 --AN NUAL REPO RT
0412:l/20 17 --AN NUAL REPO RT
041'1 112 01 6 --A NNUAL RE PORT
0 4/ 1 (i /?0 15 -AN NU AL REPO RT
11 /24 120 IJ -CORLCH1\CH Q
Q;J /10120 14 --AN NUAL REP QBJ
()4 /1 612 0 13 -J\NN\)AL R EPORT
01105 /20 12 -A NNUAL REPORT
08 123 /2 0 11 --A NNUAL REPORT
1)2/0 1/2010 --F o reign Li mited
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Detail by Entity Name
hllps://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirylype=EnlilyName&direclionType=lnilial&searchNameOrder=TIDALBA... 4/4
Esteban Bovo, Jr.
Mayor
Carl Zogby
President
Monica Perez
Vice President
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
City Council Meeting
Agenda
May 24, 2022
7:00 p.m.
A. The invocation is to be led by Marbelys Fatjo, City Clerk.
4. PLEDGE OF ALLEGIANCE
A. The Pledge of Allegiance is to be led by Council Member Rodriguez.
5. MEETING GUIDELINES
The following guidelines have been established by the City Council:
• ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
• As a courtesy to others, please refrain from using cellular telephones or other similar
electronic devices in the Council Chamber.
• A maximum of three (3) speakers in favor and three (3) speakers in opposition will be
allowed to address the Council on any one item. Each speaker's comments will be
limited to three (3) minutes.
• No signs or placards, in support of or in opposition to an item or speaker, shall be
8/1/2023 1 :23 PM
Deferred Items:
• Item PZ 2 is deferred until June 14, 2022.
9. CONSENT AGENDA
All items listed under Consent Agenda with letter designations are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or
a resident so requests, in which case the item will be removed from the consent agenda and considered
along with the regular order of business.
A. Request permission to approve the minutes of the City Council Meeting held on May 10, 2022 at 7:00
p.m.
(OFFICE OF THE CITY CLERK)
B. Report of Scrivener's Error On March 22, 2022, the City Council passed and adopted Ordinance No.
2022-020 calling for a Special Primary Election to be held in the City of Hialeah on Tuesday, November
8, 2022 to fill a vacancy for City Councilmember Group IV and providing for a Special General Election
(run-off election) to be held on Tuesday, December 6, 2022, if necessary. The ordinance incorrectly
provides the date of resignation of former Councilmember Oscar De la Rosa as October 26, 2022. The
ordinance is hereby being amended to reflect Mr. De la Rosa's effective date of resignation as January
26, 2022.
(OFFICE OF THE CITY CLERK)
C. Request permission to waive competitive bidding, since it is advantageous to the City in that the property
owner (Orestes Armenteros) was awarded SHIP funds in the year 2020 and the City is expediting the
finalization of the project, and issue a purchase order to Patriot Windows & Doors, LLC, vendor providing
the lowest quotation, for the purchase and installation of impact windows and doors for the property located
at 135 West 52 Street, Hialeah, Florida, through the State Housing Initiatives Partnership (SHIP) Program, in
a total amount of $30,679.02, and further request a ten percent (10%) contingency in the amount of$3,067.90
to cover any unforeseen issues that may arise during the work, for a total cumulative expense amount not to
exceed $33,746.92. The funding for this expenditure is to be withdrawn from the State Housing Initiative
Program Fund-SHIP Armenteros Case Account No. 123.8314.554306.
(DEPARTMENT OF GRANTS AND HUMAN SERVICES)
D. Request permission to extend the Professional Service Agreement between the City of Hialeah and Tidal
Basin Government Consulting, LLC, for a period of one (1) year, commencing August of the year 2022
through August of the year 2023, pursuant to Hialeah Request for Proposal No. 2018/19-8500-36-001 -
Emergency Management Administrative Support Services RFP, under the same terms and conditions
outlined in the initial agreement. On June 25, 2019, the City Council approved Consent Item N, awarding
the bid to Tidal Basin Government Consulting, LLC, highest ranked proposer, for a three (3) year term.
(DEPARTMENT OF EMERGENCY MANAGEMENT)
E. Request to approve the recommendations of the Selection Committee for request for proposals for Pre-
8/ 1/2023 l :23 PM
ITEM# D
MAY 2 ~ 2022
~~
\ 'h 1,\\'l.'l.
'
GENOA ITEM RE UEST FOR
RECEIVED
M/W 1 8 2022
OFFICE OF
MANAGEMENT & BUDGET
This form, a letter from the department head addressed to the Mayor and City Council, as well
as supporting documents are due the Monday of the week prior to the City Council Meeting.
Date of Request: May 17, 2022
Requesting City Department: Emergency Management
Requested Council Meeting
Date: March 24, 2022
Action Requested from the D Issue a purchase order
City Council:
D Increase a purchase order
D Award a bid
('•'''· 0 Bid No.
' D Reject a bid
/
0 Bid No.
D Special Events Permit
D Street Closure
[gl Other: _Extend Contract for one year. __
RFP 2019-19-8500-36-001
Scope of service(s) or Recovery, FEMA Public Assistance Program Management.
product(s):
Vendor: Tidal Basin Government Consulting LLC
L.
Eifpenditure Amount: $0
!
i
/
Funding Source (i.e., account
funding the expenditure): .. -
Purchase Process: ~ Competitive Bidding
D An exception to competitive bidding applies:
D Professional services in the nature of consultants,
Accountants, and attorneys
D Sole source provider
D Emergency based on object facts
D Credit facilities
D Competitive bidding is not required because the City is
utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
D Title of state, county or other governmental
Agencies contract:
D Piggy-back contract expiration date:
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
Signatures:
7...2-.
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice-President
City of Hialeah
May 17, 2022
Honorable Mayor Esteban Bovo, Jr.
And Council Members
City of Hialeah
Hialeah, Florida 330 I 0
RE: Option to Extend the Term of the Professional Services Agreement.
Dear Mayor and Council Members:
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
The Charter of Hialeah states that contracts in amounts greater than$ I 5,000.00 shall be awarded based on specifications
and fonnal sealed bids. The Council may award a contract to the lowest responsible and responsive bidder, or it may
reject all bids and 1-e-advertise, or it may waive competitive bidding when it finds it to be in the best interest of the City.
On August 13, 2019, Tidal Basin Government Consulting, LLC and the City of Hialeah entered into a three (3) year
Professional Services Agreement, whereby Tidal Basin agreed to provide the City with emergency administrative support
services.
Under Section I of the Agreement, Tidal Basin and the City of Hialeah have the option to extend the term of the
Agreement for one (I) year, or longer, but in no event more than two (2) years, upon mutual agreement of the parties.
Therefore, l am respectfully requesting that the term of the Agreement be extended for one (I) year, under the same terms
and conditions outlined in the Agreement.
Tidal Basin Govern nt Consulting, LLC is an active corporation in good standing in standing in the State of Florida.
Respectfully,
Armando Ra
Director of E ergency Management
501 Palm Avenue, I liakah, Florida· 33010-4719
www.hialcahll.gov
.:::::::......::========= ....... ~
TIDAL
BASIN~.
A RISING PHOENIX HOLDINGS COMPANV
May 11, 2022
SENT VIA CERTIFIED MAIL
Armando Rojas
Director of Emergency Management Office
Hialeah Police Department
5555 East 8th Avenue
Hialeah, FL 33013
Lorena Bravo, Esq.
City Attomey
City Hall
50 l Palm Avenue, 4 th Floor
Hialeah, FL 330 l 0
RE: Option to Extend the Term of the Professional Services Agreement
Dear Mr. Rojas:
On or about August 13, 2019, Tidal Basin Government Consulting, LLC ("Tidal Basin") and the City of
Hialeah, Florida ("City") entered into a Professional Services Agreement ("Agreement"), whereby Tidal
Basin agreed to provide the City with emergency management administrative support services.
Pursuant to Section I of the Agreement, Tidal Basin and the City have the option to extend the term of
the Agreement for one ( l) year, or longer, but in no event more than two (2) years, upon mutual agreement
of the pa1iies. Tidal Basin would like to request that the term of the Agreement be extended for one (1)
year, under the same terms and conditions set forth in the Agreement.
Sincerely,
William J. Slater
Vice President of Recovery
Tidal Basin Group
126 Business Park Drive I Utica, NY 13502 I P: 888/282.1626 I TidalBaslnGroup.com
Lorena Bravo
City Attorney
Telephone:
(305) 883-5854
Telecopier:
(305) 883-5896
August 27, 2019
VIA U.S. MAIL
Daniel A. Craig
City of Hialeah
Tidal Basin Government Consulting, LLC
126 Business Park Drive
Utica, NY 13502
Assistant City Attorneys
Robert Lloyd-Still
Marbelys Fatjo
Hillah Sara Mendez
Daylen Docampo-Perez
A.J. Marquez-Sterling
David Jove
Elsa I. Jaramillo-Velez
RE: Professional Service Agreement behveen the City of Hialeah and Tidal Basin
Government Consulting, LLC.
Dear Mr. Craig:
I have enclosed an original fully executed Agreement between Tidal Basin Government
Consulting, LLC. and the City of Hialeah. Please keep this original for your records.
Should you have any questions, please do not hesitate to contact our office.
Day l?campo Perez, Esq.
Assistant City Attorney
s:\ddp\departments\purchasing\k-2019-038 -tidal basin 2019\lt tidal re contract.docx
501 Palm Avenue, 4th Floor, Hialeah, Florida 33010-4719
www.hialeahfl.gov
~1'!!!:1'.S~~~. ~ment Administrative Services -Tidal Basin Government Consulting, Inc. _ ..
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HIALEAH
AND
TIDAL BASIN GOVERNMENT CONSULTING, LLC
FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES
This Professional Services Agreement ("Agreement") is entered into this __ day of
2019, between the CITY OF HIALEAH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at SO 1
Palm Avenue, Hiale~ Florida 33010 ("City"), and TIDAL BASIN GOVERNMENT
CONSUL TING, ILC, a limited liability corporation established in the District of Columbia,
registered to do business in Florida, whose principal place of business is 126 Business Parle
Drive, Utica, NY 13502 ("Consultant").
RECITALS:
WHEREAS, the City issued a request for proposals, RFP No. 2019-19-8500-36-001
("RFP'') soliciting the services of a professional consulting finn to provide the City with
emergency management administrative support services, which shall include, without limitation,
assistance with preparedness, mitigation, preparation of project worksheets, web portal
submissions, project closeouts, audits and appeals, and policy advice on federal disaster relief
programs, federal regulations, including the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Post-Katrina Emergency Management Reform Act of 2006, the Sandy Recovery
Improvement Act of 2013, and federal procurement requirements; and
WHEREAS, the Consultant submitted a proposal in response to the City's RFP; and
WHEREAS, on June 14, 2019, according to Section 2.6 of the RFP. the Director of
Emergency Management evaluated the three (3) proposals received, and recommended the award
of a contract to the Consultant as the highest ranked proposer and whose proposal was deemed to
be the most advantageous to the City; and
WHEREAS, The City Council adopted the Director of Emergency Management's
recommendation and awarded the contract to Tidal Basin Government Consulting, LLC; and
WHEREAS, the City has relied upon the proposal and other infonnation provided by the
Consultant concerning the Consultant's experience and ability to provide emergency
management administrative support services; and
WHEREAS, the City wishes to use and the Consultant wishes to provide the
Consultant's services, subject to the terms and conditions contained in this Agreement; and
WHEREAS, the City Council finds that it is in the public interest and will protect the
public health, safety, and welfare to enter into this Agreement with the Consultant, subject to the
tenns and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, and other good and valuable consideration, receipt and sufficiency of which are
hereby expressly acknowledged, Consultant and the City, intending to be legally bound, agree to
the following:
This Agreement shall take effect and be binding upon the Parties from the Effective Date
until the date when this Agreement is terminated or expires. The initial term of this Agreement
shall expire three (3) years after it is duly executed by the Mayor, unless this Agreement is
tenninated earlier. The Council shall have the right to renew and extend this Agreement, at the
end of the initial term of this Agreement and at the end of each renewal term (if any), unless the
Consultant gives written notice to the City that the Consultant is not willing to renew this
Agreement and such notice is delivered at least one hundred and twenty (120) days before the
end of the then current term of the Agreement. Each renewal term shall be one year in duration,
unless the City and the Consultant mutually agree to a longer term, but the cumulative duration
of all renewal terms shall not exceed two (2) years. During each renewal term, the City and the
Consultant shall be subject to the conditions and limitations that are contained herein, unless the
City and the Consultant agree otherwise.
SECTION 2: SCOPE OF PROFESSIONAL SERVICES
2.1 Scope of Services. The Consultant shall provide services intended to support the City's
emergency management administrative needs with preparedness, mitigation, response and
recovery associated with disaster related events in order to ensure the maximization of federal
and other funding, and the retention of these funds during subsequent project closeouts and
audits ("Services"). The scope of services to be provided shall include the following:
(a) Provide expert programmatic and policy advice on federal disaster relief
programs. Provide extensive knowledge, experience and technical competence in
dealing with Federal regulations, including the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, Post"Katrina Emergency Management Refonn
Act of 2006, and the Sandy Recovery Improvement Act of 2013, and the federal
procurement standards in 2 CFR 200.317 through 200.326.
(b) Review contracts and purchasing documentation to ensure compliance with
federal and State requirements.
(c) Support the undertaking of damage assessments to maximize recovery efforts;
(d) Review eligibility issues, and work with the City to develop justifications for
submission to FEMA and other applicable agencies.
(e) Assist the City in developing an approach to filing and tracking eligible costs.
(t) Assist in the preparation of project worksheets and web portal submissions based
upon actual / estimated costs provided by City departments.
!!me!Je~!:f. ~e~eJ:lt Administrative Services -Tidal ~asin Government Consulting. Inc ..
(g) Assist with identifying cost-effective mitigation opportunities and alternatives
(Se~on 404 and 406 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act), and the preparation of documentation to secure funding.
(h) Participate in meetings with FEMA, State of Florida and requisite agencies to
negotiate and formulate individual project worksheets and mitigation projects as
needed.
(i) Assist departments having difficulty with their project worksheet claims.
(j) Assist in determining if any eligible damages have not been identified and
submitted for reimbursement
(k) Preparation of appeals.
(I) Assist with final inspections, project closeouts and any OIG audits.
(m) Assist with recovering costs from any other Federal and State agency programs.
(n) Assist in longwterm recovery planning guidance.
2.2 Authorization for Services. Authorization for performance of Services by the
Consultant under this Agreement shall be in the form of a written Task Order(s) issued and
executed by the City and signed by the Consultant Each Task Order shall describe the Services
required; state the date for commencement and completion of the Services; and establish the
amount and method of payment The City makes no representation or warranty as to the
number of available projects, nor that the Consultant will perform any project for the City
during the Term of this Agreement
2.3 Licenses. The Consultant agrees to obtain and maintain throughout the period this
Agreement is in effect all such licenses as are required to do business in the State of Florida,
Dade County and in the City of Hialeah, Florida.
2.4 Standard of Professional Service. The work and/or services to be provided and/or
performed by the Consultant and by and subcontractor(s) engaged by the consultant as set forth
herein shall be done in accordance with the generally accepted standards of professional practice
and in accordance with the laws rules and regulation, ordinances, codes, policies, standards or
other guidelines issued by those govemmental agencies which have jurisdiction over all or a
portion of this project, and which are in effect at the time the City approves this Agreement, or
which may subsequently be changed or revised.
2.5 Additional Services. Should the City request the Consultant to provide and perform
professional services, which are set forth in this Agreement, the Consultant agrees to provide and
perform such additional services as may be agreed to in writing by both parties to this
Agreement The Consultant shall not provide or perform, no shall the City incur or accept any
obligation to compensate the Consultant for any additional services unless and until a written
Em~en~ ~~-~~!!1-ent Administrative Seivices -Tidal Basin Government Consulting. Inc.
Task Order or supplemental Task Order has been issued, and compensation has been negotiated
by both Parties.
SECTION 3: COMPENSATION AND FEE
3.1 Comoensation. The Consultant shall be compensated for Services for each project, in
accordance with the Task Order issU!;:d by the City for the same. The Services will be paid for at
the productive hourly rates listed in Exhibit "An hereto for the personnel classifications. Any
additional personnel will need to be authorized in advance by the City and accompanied by a
new Task Order explicitly outlining the Services to be provided by the additional personnel.
3.2 Reimbursable Expenses.
(a) Reimbursable expenses shall be in addition to the hourly rates. Reimbursable
expenses are subject to (i) the applicable "Not-to-Exceed" or "Limitation of
Funds" amount set forth in the Task Order, and (ii) the provisions of Florida
Statute 112.061, as same may be amended. Reimbursable expenses Wll.L NOT
cover lodging or meals. Reimbursable expenses will be limited to vehicle mileage
only, unless any other reimbursable expense is approved in writing by the City's
designated representative, prior to the Consultant's performing, or incurring
charges for the same.
(b) Vehicle mileage will be based on the submittal of daily activity logs reporting
mileage driven between locations at the rates authorized in FEMA's Schedule of
Equipment Rates. Any other reimbursable expenses approved by the City in the
Task Order must be supported with original previously agreed upon
documentation. as reimbursement will only be made on actual costs incurred.
(c) Supporting documentation (daily activity logs showing mileage, etc.) must be
provided by the Consultant within thirty (30) days following the end of the
relevant month, and shall be attached to the corresponding invoice in order for
reimbursement to be made.
( d) In addition. the City will not be liable for reimbursing the Consultant for any
charges that are in excess of the "Not-to-Exceed" or "Limitation of Funds"
amount in a Task Order, unless they were approved, in writing, by the City's
designated representative or his/her designee, prior to the Consultant's
performing, or incurring charges for the same.
(e) "Reimbursable expenses .. may include actual expenditures made by the
Consultant, and/or its employees or subcontractors for the following expenses:
1. Expenses of transportation, when traveling in connection with the
performance of Services pursuant to a Task Order, based on Sections
112.061 (7) and (8), Florida Statutes, as same may be amended.
3.3
2. If authorized in writing and in advance by the City's designated
representative or his/her designee, the cost of other expenditures made by
the Consultant in the interest of the particular Services requested pursuant
to a particular Task Order.
Invoice and Payment.
(a)
(b)
(c)
The Consultant shall invoice the City the amount due for actual service hours
performed, at the rate set forth in Exhibit "A", but in no event shall the invoiced
amount exceed the "Not to exceed" amount provided on the respective Task
Order. Each Task Order shall be invoiced separately. The invoice shall be
properly dated, and include a detailed description of services rendered; the cost of
the services; the name, title and address of the Consultant; Task Order Number;
and any and all other information requested by the City.
The Consultant must remit all invoices and supporting information to Armando
Rojas, Director of the Emergency Management Office, at 5555 East 8th Avenue,
Hialeah, FL 33013. A paper copy of each invoice must be provided and
electronic copies also may be required.
The City shall pay the Consultant within forty-five (45) days after the City
receives the Consultant's invoice. The City shall have the right to request and
obtain additional information from the Consultant concerning the Consultant's
invoice. The City also has the right to contest the amounts requested in the
Consult.ant's invoice. However, the City shall pay all undisputed amounts within
forty-five ( 45) days after receiving the Consultant's invoice.
SECTION 4: INDEMNIFICATION
The provisions set forth in this Section shall survive the expiration or earlier termination
of this Agreement and shall remain binding upon the Consultant. Consultant, for itself: and for its
officers, directors, employees, subcontractors, agents, representatives, successors, assigns, and
any other individual or entity who may attempt to sue or be sued on its behalf, hereby
unequivocally agrees to protect, defend, indemnify, forever discharge. release, waive and hold
harmless the City, its officers, whether elected or appointed, directors, employees, attorneys,
contractors, agents, representatives, and all other persons, entities, organizations and
corporations affiliated therewith ( all of whom collectively constitllte the "City's Released
Parties"), from and against any and all claims, suits, causes of action, damages, losses,
liabilities, costs or expenses, including court costs and attorney's fees at all level of proceedings
(including appellate level), and from any judgments, orders or decrees entered thereon or
resulting therefrom, for any personal injury, loss of life, damage to property, claim for royalties,
infringement of copyright, tradename, trademark, patent or tradesecret, or any other liability,
loss, cost or expense of any kind (all of which collectively constitute "Claims"), arising out of,
resulting from, relating to, incidental to, or in any way connected to Consultant's performance of
this Agreement. Consultant shall not be responsible for Claims, as collectively defined in this
Section, caused by the negligent acts or omissions of the City's Released Parties.
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The Consultant covenants and agrees that no Claims, as collectively defined in this
Section, shall be asserted against the City and additionally, no such Claims will be pennitted to
arise, be filed or maintained against the City, for or on account of any work, labor, services,
materials, equipment or other items performed or furnished for or in connection with
this Agreement The Consultant agrees to cause any of the foregoing Claims to be satisfied,
removed or discharged at its own expense by bond, payment or otherwise within thirty (30) days
from the date of the filing, and upon the Consultant's failure to do so, after notice, the City shall
have the right (but not the obligation), in addition to all other rights and remedies provided under
this Agreement or by law, to cause the Claims to be satisfied, removed or discharged by
whatever means the City chooses, at the entire cost and expense of the Consultant.
Consultant agrees, at Consultant's expense, after written notice from the City, to defend
any action against the City that falls within the scope of an indemnity provided in this Section, or
the City, at the City's option, may elect instead to secure its own attorney to defend any such
action and the reasonable costs and expenses of such attorney incurred in defending such action
shall be payable by Consultant.
The parties agree that the provisions of this Section do not benefit any third party, and are
not intended to benefit any person or entity that is not a party to this Agreement Instead, the
provi~ions of this Section are solely for the City's benefit
SECTION 5: INSURANCE
The Consultant shall maintain during the Tenn of this Agreement, the insurance specified
below and comply with the requirements included in the City of Hialeah Insurance Check List
attached hereafter as Exhibit "'B" of this Agreement:
Consultant shall provide, pay for and maintain at all times during the Tenn of this
Agreement, such insurance, including Worker's Compensation Insurance, Employer's Liability
Insurance, Comprehensive General Liability Insurance, Business Automobile 'Liability •
Insurance, in such amounts acceptable to the Risk Manager of the City.
Such policy or policies shall be issued by the United States Treasury-approved companies
authorized to do business in the State of Florida, and having agents upon whom service of
process may be made in the State of Florida. Consultant shall specifically protect the City by
naming the City as additional insured under the Comprehensive General Liability Insurance
Policy.
Consultant shall furnish City certificates of insurance, which shall state that policy
cancellation and non-renewal or reduction of coverage will not be effective until at least thirty
(30) days after written notice is delivered to the City. Consultant shall include City as an
additional insured on all liability insurance policies required by the Agreement Consultant
shall require all of its subcontractors to include City and Consultant as additional insureds on
all of their liability insurance policies.
SECTION 6: INDEPENDENT CONTRACTOR
The Consultant, its employees, agents or representatives, shall be deemed to be
independent contractor and not agents or employees of the City. The City shall have no
obligation to pay or provide for Consultant's employees, agents, representatives, or
subcontractors. Consultant's employees, agents, representatives, or subcontractors shall not
attain any right or benefit under the civil service or pension ordinances of the City, or any right
or benefit generally afforded classified or unclassified employees of the City, such as pension
benefits, worker's compensation, health insurance, unemployment benefits, or any other right or
privilege granted to the City's officers and employees.
The Consultant does not have the power or authority to bind the City in any promise,
agreement or representation other than as specifically provided for in this Agreement
SECTION 7: COMPLIANCE WITH LAWS
When performing the services required by this Agreement, Consultant must comply with
all Applicable Law and regulatory requirements, including federal, state, and local laws, rules,
regulations, orders, codes, criteria and standards.
SECTION8:SUBCONTRACTORS
The City reserves its right to accept the use of a subcontractor or to reject the
Consultant's selection of a particular subcontractor under this Agreement. If a subcontractor
fails to perform or make progress as required by this Agreement, and it is necessary to replace
the subcontractor to complete the work in a timely fashion, the Consultant shall promptly do so,
subject to the City's acceptance of the new subcontractor.
SECTION 9: FEDERAL AND STATE TAXES
The City is exempt from federal tax. and state sales and use taxes. Upon request, the City
will provide an exemption certificate to Consultant. The Consultant shall !!Qt be exempted from
paying sales tax. to its suppliers for materials to fulfill contractual obligations with the City, nor
shall the Consultant be authorized to use the City's Tax Exemption Number in securing such
materials.
SECTION 10: AV All,ABJLITY OF FUNDS
The obligations of the City under this Agreement are subject to the availability of funds
lawfully appropriated for its pw:pose by the City Council.
SECTIONll: DEFAULT
The City may, by written notice of default to the Consultant, tenninate this Agreement in
whole or in part if the Consultant fails to satisfactorily perform any provisions of this Agreement,
or fails to make progress so as to endanger performance under the tenns and conditions of this
Agreement,, or provides repeated non-performance, or does not remedy such failure within a.
period of ten {l 0) days after receipt of notice from the City specifying such failure. In the event
the City terminates this Agreement in whole or in part because of default of the Consultant, the
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City may procure goods and/or services similar to those terminated, and the Consultant shall be
liable for any excess costs incurred due to this action.
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
Contractor). the rights and obligations of the parties shall be those provided in Section 12 -
Termination for Convenience.
SECTION 12: TERMINATION FOR CONVENIENCE
The Mayor may, whenever the interests of the City so require, terminate this Agreement,
in whole or in part. for the convenience of the City. The Mayor shall give thirty (30) days prior
written notice of termination to the Consultant, specifying the portions of the Agreement to be
tenninated and when the termination is to become effective. If only portions of the Agreement
are tenninated, the Consultant has the right to withdraw, without adverse action, from the entire
Agreement.
Unless directed differently in the notice of termination, the Consultant shall incur no
further obligations in connection with the terminated work, and shall stop worlc to the extent
specified and on the date given in the notice of termination. Additionally. unless directed
differently, the successful Consultant shall terminate outstanding orders and/or subcontracts
related to the terminated work.
Unless the Consultant is in breach of this Agreement, the Consultant shall be paid for
services rendered to the City's satisfaction through the date of termination.
SECTION 13: UNCONTROLLABLE FORCES
Neither the City 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
perfonnance 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, war, riot, civil disturbance. sabotage, and governmental
actions.
Neither Party shall. however, be ~xcused 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 nonperforming 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
obligation of this Agreement.
SECTION 14: VENUE AND ATTORNEYS' FEES
This Agreement shall be governed by the laws of the State of Florida. The exclusive
venue for legal actions concerning this Agreement shall be the state or federal courts in and for
Miami-Dade County. In any dispute or proceeding concerning this Agreement, each Party shall
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bear its own costs and attorneys' fees. The prevailing party in such cases shall not be entitled to
an award of attorneys' fees.
SECTION 15: NO JURY TRIAL
The Parties agree that any claim filed in state or federal court concerning this Agreement
shall be heard by a judge, sitting without a jury. THE CITY AND THE CONTRACTOR
HEREBY KNOWINGLY, VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT
THEY MAY HAVE TO A JURY TRIAL CONCERNING THE PERFORMANCE,
INTERPRETATION, APPLICATION, OR ENFORCEMENT OF nus AGREEMENT.
SECTION 16: OPERATIONS DURING DISPUTE
If a dispute arises between the City, the Consultant, or any other person concerning the
Consultant's perfonnance, rights, or compensation under this Agreement, the Consultant shall
continue to perform its duties in strict compliance with the requirements of this Agreement,
regardless of the pending dispute.
SECTI_ON 17: REMEDIES NOT EXCLUSIVE
Except as otherwise provided 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 or by statute or otherwise. No single or partial exercise by any Party of any right, power,
or remedy hereunder shall preclude any other or further exercise thereof.
SECTION 18: LIMITATIONS ON LAWSUITS AGAINST THE CITY
Nothing in this Agreement shall constitute a waiver of the City's sovereign immunity in
tort actions or a waiver of any provisions in Section 768.28, Florida Statutes. Nothing in this
Agreement shall constitute the City's consent to be sued by any third party in any matter arising
out of this Agreement.
SECTION 19: PUBUC RECORDS
The Consultant shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes). including any applicable provisions in
Section 119.0701, Florida Statutes. To the extent that the Consultant and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall:
(a) Keep and maintain public records required by the City to perform
the services provided hereunder.
(b) Upon request from the City's custodian of public records, provide
the City 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 in Chapter 119, Florida Statutes, or as
otherwise provided by law.
(c) 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 term of
this Agreement and following completion of this Agreement if the
Consultant does not transfer the records to the City.
( d) Upon completion of the Agreement, transfer, at no cost,. to the City
all public records in the possession of the Consultant or keep and
maintain public records required by the City to perfonn the service.
If the Consultant transfers all public records to the City upon
completion 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 City, upon request from the City's custodian of
public records, in a format that is compatible with the information
technology systems of the City.
If the Consultant fails to comply with the requirements in this Section 19, the City may
enforce these provisions in accordance with the terms of this Agreement If the Consultant fails
to provide the public records to the City within a reasonable time, it may be subject to penalties
under Section 119.10, Florida Statutes.
IF THE CONSULTANI BAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, THE
CONSULTANT SHOULD CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, BY
TELEPHONE (305/883-5820), E-MAJL
(CITYCLERK@HTALEABJFL.GOY}. OR MAIL (CITY OF
HIALEAH, OFFICE OF THE CITY CLERK, 501 PALM
A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
SJECITON 20: NON-DISCRIMINATION
Consultant agrees that it shall not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, disability, sex, age,
national origin. ancestry, marital status, or sexual orientation, and Consultant shall take
affirmative steps to ensure that applicants are employed and employees are treated during
employment by Consultant without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeships. Consultant agrees to furnish the City with a copy of its non-
discrimination and equal employment opportunity policy, upon request.
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SECTION 21: WAIVER
A waiver by either City 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
future 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
subsequent default or breach.
SECTION 22: SEVERABILITY
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. The provisions of this Section 22 shall not prevent the entire Agreement from
being void should a provision which is of the essence of the Agreement be determined to be
void.
SECTION 23: ENTIRETY OF AGREEMENT
The City and the Consultant agree that this Agreement 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 City and Contractor pertaining to the
services required herein, whether written or oral. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or otherwise altered except
by written instrument executed by the Parties hereto.
The following exhibits are attached to this Agreement and they are incorporated herein
by this reference: ·
Exhibit A. -Hourly Rates as submitted by the Consultant
Exhibit B. -Insurance Checklist
Exhibit C. -City's Request for Proposals No. 2019-19-8500-36-001
Exhibit D. -Consultant's response to the City's RFP
There are no Agreement documents other than those listed above. In the event of a
conflict between this Agreement and the provisions of any exhibit, the provisions of this
Agreement shall control when interpreting thi~ Agreement.
SECTION 24: MODIFICATION
The Agreement may not be modified unless such modifications are evidenced in writing
signed by both City and Consultant. Such modifications shall be in the form of a written
Amendment executed by both Parties.
SECTION 25: SUCCESSORS AND ASSIGNS
City and Consultant each binds itself and its partners, successors, assigns and legal
representatives to the other Party to this Agreement and to their p!U'tners, successors, executors,
administrators,· assigns, and legal representatives. Consultant shall not assign this Agreement
without the express written approval of the City via executed amendment
SECTION 26: NON CONTINGENT FEES
The Consultant warrants that it has not employed or retained any 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 other than a bona fide employee working solely
for the Consultant, any fee, commission, percentage. gift or other consideration contingent upon
or resulting from the award or making of this Agreement
SECTION 27: TRUTH-IN-NEGOTIATION CERTIFICATE
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 date
of the Agreement
The said Rates and costs shall be adjusted to exclude any significant sums should the City
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 contractors. The City
shall exercise its rights under this "certificate" within one (1) year following payment.
SECTION 28: OWNERSHIP OF DOCUMENTS
Consultant shall be required to cooperate with other contractors relative to providing
infonnation 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 City for
its use and/or distribution as may be deemed appropriate by the City.
SECTION 29: ACCESS AND AUDITS
Consultant shall maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years after project closeout by the Federal
Emergency Management Agency {"FEMA") or eight (8) years following final payment by the
City to the Consultant, whichever comes last. The City shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit.
In the event records retention requirements in Florida Statutes, Chapters, exceed those of
FEMA, the records shall be retained to comply with the State of Florida requirements.
SECTION 30: ACCESS TO RECORDS AND THEm RETENTION
The Consultant shall maintain adequate records to justify all charges. expenses, and costs
incurred in estimating and performing the Agreement for at least three (3) years after project
closeout by the Federal Emergency Management Agency ("FEMA") or eight (8) years following
final payment by the City to the Consultant, whichever comes last. In the event of litigation or
the settlement of claims arising from the performance of the Agreement, the Consultant agrees to
~age (13
maintain said records tmtil all litigation, claims, appeals or exceptions related thereto have been
resolved. The records shall be maintained at a location in Miami-Dade Cotmty, Florida or such
other location in Florida approved by the City.
The Consultant shall make all of its books, records. and other docwnents, related in any
manner to its or its subcontractors' performance of the Agreement, available to the City and any
other funding entity for the purpose of examination. audit, reproduction, excerpts and transcripts,
during nonnal business hours, at the Consultant's place of business or if Consultant's place of
business is not located in Miami-Dade County, then at the location for maintenance of records
referenced above. The Consultant shall also require its subcontractors to make their books,
records and documents available for examination, audit, reproduction, excei:pts, and transcripts,
for the same duration and in the same manner, and at or near the same locations required herein
of Consultant.
SECTION 31: 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:
(a) Ifto the Cey:
Annando Rojas
Director of Emergency Management Office
Hialeah Police Department
5555 East 8th Avenue
Hialeah, FL 33013
Telephone: 305/863-2847
With a copy to:
City Attorney
City of Hialeah
501 Palm Avenue (4th Floor)
Hialeah. FL 33010-4719
Telephone: 305/883-5854
(b) Ifto the Contractor:
Daniel A. Craig
Tidal Basin Government Consulting, LLC
126 Business Park Drive
Utica, NY 13502
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 and
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 also must be mailed as required herein. Nothing contained in this Section 31 shall be
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construed to restrict the transmission of routine communications between representatives of
Consultant and the City.
SECTION 32: SCRUTINIZED CO:MP ANIES
As provided in F.S. 287.135, by entering into any Agreement with the City, or
performing any work in furtherance hereof, Consultant hereby certifies that Consultant and
Consultant's affiliates, suppliers, subcontractors, and contractors 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. If the City determines, using credible information available to the public, that a false
certification has been submitted by Consultant, the Consultant 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. 287.13.
SECTION 33: CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
The Consultant agrees to comply with the non-procurement debarment and suspension
regulations implementing Executive Orders 12549 and 12689, 2 CFR 180 and 2 CFR § 200.212.
The Consultant must include the requirement to comply with Executive Orders 12549 and
12689, 2 CFR 180 and 2 CFR § 200.212 in any lower tier covered transaction it enters into.
Consultant's certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant knowingly rendered an erroneous certification, in addition to
remedies available to the City, 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.
SECTION 34: AMERICANS WITH DISABII,ITIBS 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, FHWA, FEMA and
other federal-aid agencies.
SECTION 35: COMPLIANCE WITH TITLE VI,
TITLE VII, AND OTHER FEDERAL LAWS
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, FHW A,
FEMA, and/or other federal-aid agencies, as they may be promulgated and amended from time to
time.
I' ng ':.!15
SECTION 36: 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.
SECTION 37: SURVIVABILITY
Any term, condition, covenan~ or obligation which requires performance by a Party
subsequent to termination of this Agreement shall remain enforceable against such Party
subsequent to such termination.
SECTION 38: NO THIRD PARTY BENEFICIARIES
This Agreement only provides rights and remedies for the City and the Consultant, except
and only to the ex.tent that Section 4 provides limited rights for City Indemnified Parties.
Notwithstanding anything else contained herein, this Agreement does not provide any rights or
remedies for any other Person. There are no third party beneficiaries under this Agreement,
except City Indemnified Parties.
SECTION 39: NON-DELEGABLE
Consultant acknowledges that in entering upon this Agreement, the City has relied upon
the Consultant's background and experience, including any prior experience in providing these
or other similar services to the City. As such, the duties and obligations undertaken by
Consultant pursuant to this Agreement sbal1 not be delegated or assigned to any other person or
entity, in whole or in part, unless the City shall first consent in writing to the· performance or
assignment of such service or any· part thereof by another person or entity. In any instance
wherein Consultant desires to effect an assignment or delegate any right or responsibility of
performance under this Agreement, except as provided for in the Scope of Services, Consultant
shall provide to the City all documents and information that the City may reasonably request to
allow the City to evaluate whether the proposed assignee has the integrity, reliability, experience
and capability in all respect to fully perform in good faith. The City shall have full discretion to
approve or deny, with or without cause, any proposed or actual assignment of Consultant Any
assignment made by Consultant without the express written consent of the City shall be null and
void and shall be grounds for the City to declare a default of this Agreement.
SECTION 40: PUBLIC ENTITY CRIMES
None of the agents, members, managers, partners, officers, directors, employees, or
executives of the Consultant, or any affiliate that is active in the management of the Consultant,
has been convicted of a public entity crime, as defined in Section 287.133(l)(g), Florida Statutes.
Prior to commencement of the Services, the Consultant shall file a State of Florida Fonn PUR
7068, Swom Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the Citys Procurement Division.
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SECTION 41: CONFLICT OF INTEREST
The Consultant covenants that no person under its employ who presently exercises any
functions or responsibilities on behalf of the Consultant in connection with this Agreement has
any personal or financial interests, direct or indirect, with the City. The Consultant further
covenants that, in the performance of the Agreement, no person having such conflicting interest
shall be em.ployed. Any such interest on the part of the Consultant or its employees must be
disclosed in writing to the City.
The Consultant is aware of the conflict of interest laws of the City (Hialeah Code ch, 26,
Art. I and II), the County (Code of Miami-Dade County, Florida § 2-11.1), and the State of
Florida (Chapter 112, Part ill, Florida Statutes) and agrees that it shall fully comply in all
respects with the requirements of said laws and any other applicable law.
SECTION 42: NON-EXCLUSIVE AGREEMENT
There shall be no breach of this Agreement if the City contracts with or engages other
Consultants to do similar work. Consultant agrees to coordinate its efforts and perfonnance with
that of other consultants.
SECTION 43: CONSULTANT'S REPRESENTATIONS AND W ARRANTms
The Consultant represents and warrants to the City that:
(a) The Consultant is a corporation existing in good standing under the laws of the state ofits
formation, is in good standing under the laws of the State of Florida, and is duly qualified
to do business wherever necessary to carry on the business and operations contemplated
by this Agreement.
(b) The Consultant has the requisite power, authority, and legal right to enter into and
perform its obligations under this Agreement and possesses all orders, permits, consents,
licenses, approvals, franchises, certificates, registrations, and other authorizations from
third parties and governmental authorities that are necessary to conduct its current
business and to satisfy its duties and obligations under this Agreement.
(c) This Agreement has been duly executed and delivered by the Consultant and, as of the
Effective Date, constitutes a legal, valid, and binding obligation of the Consultant
enforceable by the City against the Consultant in accordance with its tenns, except to the
extent its enforceability is limited by the application of general principles of equity and
by bankruptcy, insolvency, moratorium, debtor relief, and similar laws of general
application affecting the enforcement of creditor rights and debtor obligations.
(d) To the best of the Consultant's information and belief, there is no action, suit, or
proceeding, at law or in equity, before or by any court or governmental authority pending
against the City or the Consultant, in which an unfavorable decision, ruling, or finding
would materially and adversely affect the perfonnance by the Consultant of its
obligations under this Agreement, or that in any way would adversely affect the validity
or enforceability of this Agreement, or any other agreement or instrument entered into by
the Consultant or any of its affiliates in connection with this Agreement.
(e) The Consultant did not engage, directly or indirectly, in any collusion, bribery, deception,
or fraud in connection with its efforts to procure the work awarded under this Agreement
(f) The personnel employed by the Consultant have the proper skill, licenses, training,
background, knowledge, experience, authorizations, integrity, and character necessary to
perform the Consultant's obligations in compliance with this Agreement. ·
(g) No City employee received or will receive, directly or indirectly, any benefit, interest, or
profit out of the procurement process that resulted in the award of this Agreement or in
connection with this Agreement or the services to be provided pursuant to this
Agreement, and no City employee has or will have any direct or indirect financial interest
in the award of this Agreement or any of the services to be provided pursuant to this
Agreement.
[Space intentionally left blank. Signature page follows]
Emergency Management Administrative Services -Tidal Basin Government Consulting, Inc. I' a l:l I.! I 18
IN WITNESS WHEREOF, the parties hereby execute this Agreement by their
respective proper officers duly authorized thereunto, to be effective as of the date the last of the
Parties signs this Agreement.
CITY OF HIALEAH:
City Clerk
(SEAL)
Date'
T DAL BA ~OVERNMENT CONSUL TING, LLC
26 Business Park Drive
Utica,NYI~
Signature, ~
Name: S-1-qJJuin T StL~iU:L,,,
Title: ~Y\1¥_ (/(Cg_ PNiJtUMT
Date: f~](t1
STATEOFFbGFJ.QA.Nl\~~O'll.t
COUNTY OF Q'f\3.id.t:@
Attest Witness:
Signature:"'fnffi),(\ £ fulQOU
Name: fV\ (}r J o F. $ Lt. f P c.,
Date: 8 l l'J \ 1 t\
Attest Witness:
Signature: Ch:tJ11l/ fL WfJlj)
Name: CJi-v-ibbrAA /2'-ell6
Date: <ff I $1 t 1·
¾{om. to and subscribed before me on this 13 day of Av~utl:: ' 2019, by ~:kpMn T Jlur~ , on behalf of Tidal Basin Government Co su~ing, LLC in his/her
capacity as $t't1,bY If l'Cll 0t'4da.:rand hU01;{tt Erw,Ctt..J ' ' VI ill ./n'e//<J' as
attesting witnesses. ' 1
\/1 Personally known or
__ Produced valid photo identification
Commission:
BRIANNA L. MOYER
Notary Public in the State of New York
Qualified in Oneida County 01MO6294465
My Commission Expires Dec. 23, 20 2..L
Page 119
EXHCBIT "A"
HOURLY RATES
AS SUBMITTED BY CONSULTANT IN RESPONSE TO
RFP No. 2018-19-8500-36-001
Emergency Man~ement Administrative Services -Iid,al B!l5i\l Goy~mll'!~_nt Cons1:1ltiI1g.!. Inc.
AppendlxC
COST PROPOSAL AND PRICE SCHEDULE FonM
EMERGENCY MANAGEMENT ADwTINISTMTIVE SUPl.'ORT SERVICES RFP No.: 2018-19-8500-36-001
Proposer shall identify the designated team members/personnel it anticipates would be needed to complete the Work required unde1
Appendix C•l Sample Task Order, and shall provide an oll-luclusive hourly rate for each of the team members, and the amount o!
hours it anticipates it would take for each of the team members/personnel to complete the Work descn"bed therein. Proposer nffinm
that the prices stated on this Cost Proposal form below represents !he entire cost of the items in full accordance with the
requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and lhat no c:laim
will be made on account of any increase in wage scales, materials prices, delivery delays, rnxes, insUiance, cost indexes or any olhe1
unless cost escalation provision is all<lwed herein and has been by exercised by the City in advance. The Cost Proposal Form shall
be completed rnechaoic:ally or, ifmanually, in ink. Cost Proposal Fann completed in"pencil shall be deemed non-responsive. All
corrections on the Cost Ptop<lsal Fonn shall be initialed.
-• -·----.\nticipatcd B1ti11dcd Rat!! -· ---·
. : -: ·:rgsitj~)Jl Titler ll1iurl}: ~;itc r "No. uf 11j,_it11, j' -'diourly J<_11t(l -;;_uJ It@.r~); .
Principal $220,00 0 s 0.00
Project Manager $165.00 1,079 $ 178,035;00
Senior Grants Manager S 125.00 0 s 0.00
Grants Manager /Consultant S11S.0O 1,524 $ 175,260.00
Documentation Specialist S 90.00 600 $ 54;000.00
Engineer S 130.00 0 $ 0.00
cost Estimati<ln/Assessor $115.00 0 s 0.00
Administration S 80.00 0 s o.oo
Quar Assurance Officer S12S.00 0 s 0.00
s
s
$
3,203 $407,296.65
I In 11 separate sheet ofpnpCT. include the job description for each Position Title id~nlified.
2 Hourly rnles shall be all-inclusive, including, but no! lllnitcd 10. l:i.bor, benefits, i=ces, overl,i:ad. nnd
administration, and profit.
J Antfoipntcd number of hows per position required lo complete the work described in tho Sample Task Order,
4 E.«<lended R.:ire equals the hourly rate and the hows of participntion for e:icl1 position.
5 The sum of the product for ouch position shall be lite proposed Tobi Blended Rak.
Prtip;iscr~'l' ~'i.ffifin;1t;,n .. --·----'
Company: Tidal Basin Government Consulting, LLC
Anthoriud !ltprcs•n'"tlv.: Greg Raab
Add,,,.,. 126 Business Park Drive Utica, NY 13502
T•!,phnoc: 315-797-3035
Elll4ll: graab@tpllc.com /;,/ ' Authorized R.epn:si:a~th•c:!!: Sis:n:ttu~. •"'"Yt,f!r:9---' _,,,.,;:-.c•v
Principal In Charge
Responsible for communicating directly with cltent In the implementation of the engagement(s) as well
as resolving any disputes that may arise. Responsibilities include, but are not limited to, assurance-that
technical, administr.rtive, labor and quality objectives are met in accordance with TB standards. Ability
to manage large groups of consultants. OVersees dlent relatlonshrp, serving as liaison with on-site
program management team and ensuring that all contractual obligations ara met.
Project Manager
Serves as client's primary point of contactforproJec:tsthatcovera broad range of consulting services,
lncludlngstrategydevelopment, program plannin& auditing and evaluation, executive management
coaching, policy and regulation development. Provides on-site leadership when necessary. Creates
staffing plan to meet Identified needs for subject matter expertise. Coordrnates the efforts of all
principals and subcontractors and may provide guidance and training to team members. Serves as a
subject matter expert In In the development of the deliverables. Possesses facilitation and
managementsl<llls. Assists or leads In the facilitation of discussions and meetings with client.
Develops, implements and monitors project scope, methodology, timellnes, deliverable and budgets,
providing clientwith regular status updates. Ensures project milestones are achieved.
Senior Grants Manager
Responsible for the daily management and oversight of local office staff, reporting requirements,
coordination with senior staff on dally activities, and the ongoing needs of recovery operations;
requests and directs technical assistance related to client and/orapplicant-speclfic:lssues: oversees
policy and procedure implementation as directed by the project manager; serves as local point cf ·
contactforfssue resolution; representsdientin meetings with FEMAand state agencies; provides
recommendations on how to Improve overall operations and streamline program delivery; and
ensures that documentation ls developed and maintained sufficiently to support programmatic
actions andexpencfrtures.
Grants Manager/Consultant
Responslbleforthe daily management and oversight of local office staff, reporting requirements,
coordination with senior staff on daily ac:tivltles, and the ongoing needs of recovery operations;
requests and dlructstechnlcal assistance related to client and/or applicant-specific issues; oversees
policy and procedure implementation as directed by the project manager;serves as local point of
contactforfssue resolution; represents client In meetings with FEMAand state agencies; provides
recommendations on how to improve overall operations and streamline program delivery; and
ensures that documentation ls developed and maintained sufficiently to support programmatic
actions and expenditures.
Documentation Spedaffst
The research analyst has knowledge of all phases of complex research and application, specifically
knowledge involving technical aspects of various facilities and selecting and utllli:lng appropriate
methodologies and software as well as analyzing data across field observations and documents. Using
independent judgement, they will respond to requests and manage survey and database entries
accordingly. The Employee/ Candidate will use a Wide application of principles, theories, concepts, and
techniques to develop Innovative solutions to problems and will apply professional knowledge to
gatherfac:ts, research and analyze the data, and develop conclusions and recommendations.
Education/Experience: At least 3 years of experience In addition to a bachelor's degree or
demonstrated equivalent combination of education, technical training and work experience.
Individual will be experienced In decision making and managing multiple programs/projects
simultaneously. Analyst will have had progressively responsible experience In projects requiring
research and analvtlcal-based work.
Engineer
Employee orcandidatewill bea technical subject matter expert In specialized areas Including various
crltlcal infrastructures, airports, stadiums, hospitals, electrical grid and water supply and related
experience involving natural and/ or manmade disasters. The position focuses on a comprehensive
review of critical or specialized sites, data collection, and methodology development solutions for
mitigation Implementation and general infrastructure support.
Education/Experience: Skills and experience include minimum 8+ years of experience working with varloµs
Infrastructure facilities deemed critical or site sensitive. Strong technical and background knowledge
associated with specific Industry or fadllty.
Cost Estimation/ Assessor
Develops, Implements and monitors project scope, methodology, timellnes, deliverable and budgets,
providing client with regular status updates. Provides budget updates and real-time reporting of project
costs. Ensures bud1<et mnestones are achieved.
Administration
Provides administrative support to the disaster recovery team, including inputting relevant data into the
project's and/or client's database as required. Preparation of meetings and other sessions, documentation
of meeting results. Supports the development of all materials necessary for meetings and other sessions,
Including agendas and support materials. Assists with documentation, tracking, and reporting
requirements.
Quaratv Assurance Officer
Possesses experience in the engineering field, cyber/ security, and also demonstrates prior experience,
knowledge and direct, explicit application of several fields to which the assessment addresses.
Spedallsts will also demonstrate an overall undarstandlng and comprehension of overall content In the
assessment and possess prior review experience across various industries such as finance and building.
The Individual will collect, analyze, organize, and summarize data gathered via assessments and
documentation; Perform extensive reviews of complete assessment documentation Including, but not
limited to building systems, emergency plans, operational plans, insurance pollc:ies and procurement
policies. lndlvldual will consult with applicable management personnel and subject matter experts to
ensure compliance and advance proper documentation and all associated data to permanent
repository. Responsible for tracking progress and deadlines while assisting In preparation of reports and
summaries throughout the entirety of project.
EXHIBIT "B"
CITY OF HIALEAH
INSURANCE CHECK LIST
INSURANCE
x__ 1. WORKERS' COMPENSATION AND
EMPLOYEE'S LIABILITY
x__ 2. COMMERCIAL GENERAL LIABILITY
PREMISES OPERATIONS
INCLUDED; PRODUCTS AND
COMPLETED OPERATIONS INCLUDED;
INDEPENDENT CONSULTANTS (0.C.P.)
INCLUDED; ELEVATORS INCLUDED;
SUPERVISION EXCLUSION DELETED;
PERSONAL INJURY LIABILITY INCL
JL 3. BROAD FORM PROPERTY DAMAGE
ENDORSEMENT
x__ 4. CONTRACTUAL INDEMNITY/HOLD
HARMLESS ENDORSEMENT EXACTLY
. AS WRITrEN IN "lNSURANCE REQUIRE-
:MENTS' OF SPECIFICATIONS
x__ 5. AUTOMOBILE LIABILITY OWNED NON-
OWNED/HIRED AUTOMOBILES
INCLUDED
X_ 6. UMBRELLA LIABILITY
7. GARAGE LIABILITY
8. GARAGEKEEPER'S LEGAL LIABILITY
LIMITS
STATUTORY LIMITS OF THE STATE
OFFLORIDA
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
CO:tl.1BJNED EACH OCCURRENCE
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 SINGLE LIMiT FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 EXCESS OF ALL
PRIMARY COVERAGE
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$100,000 EACH OCCURRENCE
x__ 9. THE CITY MUST BE NAMED BY ENDORSEMENT AS ADDffiONAL INSURED ON THE
INSURANCE POLICY AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFICATE.
''THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY TO ALL OTHER
COVERAGES THE CITY POSSESSES FOR nns CONTRACT ONLY."
10. TEACHERS PROFESSIONAL LIABil..ITY
11. LIQUOR LEGAL LIABILITY
$1,000,000 EACH CLAIM
$1,000,000
EACH OCCURRENCE
12. CROSS LIABILITY OR SEVERABILITY OF INTERESTS CLAUSE ENDORSEMENT
_13. XCU PROPERTY DAMAGE EXCLUSION DELETED AND THIS COVERAGE WU.L
PROVIDED .
_14. BUILDERS RISK
_15. OTHER INSURANCE AS INDICATED BELOW:
FULL CONSTRUCTION COSTS OF
THE PROJECT
X,_16. TIDRTY (30) DAYS CANCELLATION NOTICE REQUIRED
X .. J 7. BEST'S GUIDE RATING A-XOR BETTER OR ITS EQUIVALENT
.... .X .. JS. THE CERTIFICATE MUST STA TE THE BID NUMBER AND TITLE
_19. CYBER LIABILITY
_20. POLLUTIONLIABILITY
_21. ERRORS & OMMISSIONS/PROFESSIONAL
LIABILITY
$1,000,000
EACHCLAIM
$1,000,000
EACHCLAIM
$1,000,000
EACHCLAIM
tage 125
EXIIlBIT "C''
City's Request for Proposals No. 2019-19-8500-36-001
Incorporated herein by ref ere nee in its entirety as if fully set forth herein.
EXHIBIT "D,,
Consultant's response to the
. I' n_g_11 126
Request for Proposals No. 2019-19-8500-36-001
Incorporated herein by reference in its entirety as if fully set forth herein. .
5/17/22, 1:29 PM Detail by Entity Name
JjJ'/!'.iJU!; of
C CJ? (_JJ 1
D0par\mf!l!.L!:lLfil1J.lil / Q!vis,on of Coq,orations / Soarcti Records / Search bY, Enlily Name /
Detail by Entity Name
Forei.gn Limited Liability Company
TIDAL BASIN GOVERNMENT CONSULTING, LLC
Filil'lg Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
PrinciP-al Address
M10000000434
20-5926493
02/01/2010
DC
ACTIVE
LC STMNT OF RA/RO CHG
11/24/2014
NONE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Changed: 04/16/2021
M.iill!ng Address
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Changed: 04/16/2021
.Bggistered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
Name Changed: 11/24/2014
Address Changed: 11/24/2014
Authorized Person(s)..ruu.a!.l
Name & Address
Title Manager, CEO
Craig, Daniel A
Cf I I ( I f 'I __ ..)_ •. J
https://search.sunbiz.org/lnquiry/CorporalionSearch/SearchResultDetail?inquirylype=EnlilyName&direclionType=lnilial&searchNameOrder=TIDALBA... 114
5117/22, 1:29 PM
675 N. Washington Street
Suite 400
Alexandria, VA 22314
litte Manager, AVP
SLATER, BILL
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, SVP, COO
CASTILLO, CARLOS
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, AVP
SARDELLI, FRANK
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, VP
SCOTT, GORDON
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, VP
STICKLER, HEATHER
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, Asst. Secretary, Asst. Treasurer
GIBSON, JANES CLAY
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, VP
AGOSTINO, JOHN
126 BUSINESS PARK DRIVE
UTICA, NY 13502
litle Manager, VP
NICHOLS, LORI
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Detail by Enlity Name
https:/lsearch.sunbiz.org/lnquiry/CorporationSearch/SearchResultOetail?inquirytype=EntityName&directionType:alnitial&searchNameOrder=TIOALBA... 2/4
5/17/22, 1:29 PM
Title Manager, Asst. Secretary, Asst. Treasurer, VP
SUPPA, MARIA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, SVP, COO
MISCZAK, MARK
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
GORDON, MELISSA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
MATTHEWS, MOLLIE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, Chairman
CUCCARO, RONALD A.
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, AVP
MANEK, SHEILA
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, VP
MURPHY, STEPHANIE
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Title Manager, President, Secretary, Treasurer
SURACE, STEPHEN T.
126 BUSINESS PARK DRIVE
UTICA, NY 13502
Annual Beruu:tll
Report Year Filed Date
Detail by Entity Name
https://search.sunbiz.org/lnqufry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&direclionType=lnitial&searchNameOrder=TIDALBA... 3/4
5/17/22, 1 :29 PM
2020
2021
2022
01/23/2020
04/16/2021
04/14/2022
Document lmag§
· 041 \.1/2022 --ANNUAL REPORT
04/16/2021 --ANNUAL REPORT
01/23/2020 --ANNUAL REPORT
01/29/2019 -· ,\NNUAL REPORT
01/04/2018 .• ANNUAL REPORT
04/2:li2017 --ANNUAL REPORT
04il1/2016 --ANNUAL REPORT
04i'lfi/2015 --ANNUAL REPORT
11/24/2014 --CORLCR1\CHG
04/1012014 --ANNUAL REPORT
View ,mag« ,n PDF format
Vi~\.V irrrnge in PDF format
-----······-----····· -~·~
View image ,n PDF format
1/iew image 1n PDF format
View 1111,:ige in PDF rormat
--------·-----·----__ .............;
View image in PDF format
View image in PDF format
View image in PDF format
Viev.i image 1n PDF format
04/16/2013 -ANNUAL REPORT ___ V_ie_w_i_m_n_g_e_in_P_D_F_fo_rn1,~t ____ _!
0\/05/2012 --ANMUAL REPOHT
Q§f.23/2011 --ANNUAL REPORT
02/01/2010 --Foreign Limited
View image in PDF format I
1/iew image 111 PDF formal
View inwge 1n PDF format
--------------· ---• ···-···--___J
Detail by Entity Name
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TIDALBA... 4/4
CITY OF HIALEAH
TAB SHEET
BID NO.: 2018-19-8500-36-001
Title: RFQ -Emergency Management Administrative Support Services RFP
OPENING: June 14, 2019@11:00 a.m.
BIDDERS
Integrated Solutions Consulting
220 S. Buchanan Street
Edwardsville, IL 62025
Tidal Basin Government Consulting, LLC
126 Business Park Drive
Utica, NY 13502
ICF Incorporated, LLC
9300 Lee Highway
Fairfax, VA 22031
Page 1 of 1
BIDS
(Blended Hourly Rate)
$117.74
(Blended Hourly Rate)
$407,296.65
(Blended Hourly Rate)
$4,341,062.88
Carlos Hernandez
Mayor
Vivian Casals-Munoz
Council President
Isis Garcia-Martinez
Council Vice President
Call to Order
City Council Meeting Minutes
June 25, 2019
7:00 P.M.
Council Members
Katharine Cue-Fuente
Jose F. Caragol
Paul B. Hernandez
Lourdes Lozano
Carl Zogby
REPORT: Council President Casals-Munoz called the meeting to order at 7:07 p.m.
Roll Call
REPORT: City Clerk, Marbelys Fatio, called the roll with the following Council Members
present:
o Council President Vivian Casals-Munoz
o Councilman Jose Caragol
o Council Vice President Isis Garcia-Martinez
o Councilman Paul Hernandez (arrived at 7:11 p.m.)
o Councilman Carl Zogby
REPORT: The following Council Members were absent:
o Councilwoman Cue-Fuente
o Councilwoman Lourdes Lozano
• Also present was:
o Lorena Bravo, City Attorney
o Mayor Carlos Hernandez
Invocation given by Marbelys Fatjo, City Clerk
REPORT: Marbelys Fatio, City Clerk, led the invocation.
Pledge of Allegiance to be led by Councilman Hernandez
REPORT: Council President Casals-Munoz led the Pledge of Allegiance.
6/26/2019 5:16 PM
J. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue and purchase order to Albita Rodriguez Enterprises, Inc., for a ninety (90) minute
perfonnance by Albita at the 2019 City of Hialeah Independence Day Celebration, in a total
cumulative amount not to exceed $10,000. (COMMUNICATIONS & SPECIAL EVENTS
DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano
absent.
K. Request permission to waive competitive bidding, since it is advantageous to the City in that
this vendor is a newspaper of general circulation in the City of Hialeah and Miami-Dade
County, as required by law, and increase Purchase Order No. 2019-786, issued to the Miami
Herald, for the publication of legal advertisements and public notices, by an additional
amount of $60,000, for a new total cumulative amount not to exceed $140,000. (OFFICE OF
THE CITY CLERK)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: Councilman Hernandez arrived at 7:11 p.m.
REPORT: Motion to the Consent Agenda, except Item K, made by Council Vice President
Garcia-Martinez, and seconded by Councilman Caragol. Motion passed 5-0-2 with
Councilmembers Cue-Fuente and Lozano absent.
L. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf
of the City, to enter into a Sponsorship Agreement with Leon Advertising & Public
Relations, Inc., a Florida corporation, doing business as Leon Medical Centers, in substantial
confmmity with the agreement attached hereto and made a part hereof as Exhibit "l", for a
term of three years, with the option to renew for an additional two-year term, under similar
terms and conditions, for a sponsorship fee in the amount of $58,000.00 per year; and
providing for an effective date. (COMMUNICATIONS & SPECIAL EVENTS DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano
absent.
RESOLUTION 2019-077
M. Request pennission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-333, issued to Florida Wood Recycling, Inc., for the
disposal of the City's vegetation debris and occasional purchase of colored mulch, by an
additional ammmt of $5,000, for a new total cumulative amount not to exceed $20,000.
(STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano
absent.
N. Request pe1mission to award Hialeah Request for Proposal No. 2018/19-8500-36-001
Emergency Management Administrative Support Services RFP, to Tidal Basin Government
Consulting, LLC, highest ranked proposer. (EMERGENCY MANAGEMENT DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano
absent.
0. Proposed resolution approving a Service Agreement between the City of Hialeah and J &M
Vera, Inc. to provide bus transportation services to the City's Step Ahead Program, for a tenn
6/26/2019 5:16 PM