Item L02County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: L.2
Agenda Item Summary #2705
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to enter into a $0 on -call contract with Tetra Tech, Inc.
for Category B canal infrastructure engineering services.
ITEM BACKGROUND: The County requires the professional on -call services of a consultant to
perform project engineering and related services for the County's canal restoration program. The
County advertised an RFQ for on -call services on August 18, 2016 and received five (5) responses
for Category B — Canal Infrastructure Engineering Services on September 28, 2016. Staff met on
October 27, 2016 in a publicly noticed meeting to rank the responses. Tetra Tech, Inc. was one of
the two highest ranked consultants selected for an on -call contract.
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
12/14/16: Approval to negotiate on -call contracts with Amec Foster Wheeler, Inc. and Tetra Tech
Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Category B Tetra Tech signed contract
FINANCIAL IMPACT:
Effective Date: April 12, 2017 Expiration Date: April 11, 2021
Total Dollar Value of Contract: To be determined through Task Orders
Total Cost to County: TBD Current Year Portion: TBD by Task Order
Budgeted: No Source of Funds: TBD by Task Order
CPI: No Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: TBD by Task Order
Revenue Producing: No If yes, amount: N/A
Grant: No County Match: No
Insurance Required: Yes Additional Details:
REVIEWED BY:
Rhonda Haag
Completed
03/14/2017 9:51 AM
Pedro Mercado
Completed
03/15/2017 5:01 PM
Budget and Finance
Completed
03/16/2017 8:15 AM
Maria Slavik
Completed
03/16/2017 6:20 PM
Kathy Peters
Completed
03/20/2017 2:06 PM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
This Agreement ("Agreement") made and entered into this 12"' day of April, 2017 by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida, 3' )040, its successors and assigns, hereinafter referred to
as "COUNTY," through the Monroe County Board of County Commissioners (*BOCC"), and
TETRA TECH, INC., its successors and assigns, a corporation of the State of Delaware, whose
address is 759 South Federal Highway, Suite 314, Stuart, FL 34994, hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various potential County Canal Restoration Projects located in Monroe County,
Florida, and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
projects in which construction costs do not exceed $2.000,000: and
WHEREAS, the potential professional services to be implemented under this Contract will be for
services in the fonn of a continuing contract, commencing the effective date of' this agreement and
ending four years thereafter, with options for the County to renew for one additional 1. year period' and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope ofwork, time
schedule, charges and payment conditions, and additional terms and conditions that are applicable to
such Task Orders; and
WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes
the COUNTY's written authorization to CONSULTANT to proceed with the services described in the
Task Order; and
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the
Article of this Agreement to be modified will be specifically referenced in the Task Order and the
modification shall be precisely described; and
WHEREAS, the CONSULTANT shall provide Category B - comprehensive engineering
consulting services to further the County's Canal Jqfi-astruclure Engineering Service• the Canal
Restoration Prograni. Such consulting may include, but not be limited to, performing studies,
engineering studies, engineering design services for canal restoration construction projects, including
design, surveying, drafting, preparing specifications and solicitation/contract documents, sediment and
water quality studies, hydrologic, geotechnical investigations, permitting, assisting with review of
contractor proposals or bids, comprehensive project management services, construction engineering
and inspection services or similar services to assist the County in expanding its Canal Restoration
Program, outreach services, and arrangement of access agreements; and
Page 1 1
WHEREAS, there is no minimum amount of work guaranteed by the COUNTY.
NOW, THEREFORE, in consideration of the mutual
stated herein, and for other good and valuable consideration,
acknowledged, COUNTY and CONSULTANT agree as follows:
promises, covenants and agreements
the sufficiency of which is hereby
1.1 Except as noted below, this Agreement shall begin on the 12"' day of April, 2017 and extend
for a period of four (4) years to April 11, 2021. A one year extension may be authorized at
the option of the COUNTY.
1.2 REPRESENTATIONS
By executing this Agreement, CONSULTANT makes the following express representations to
the COUNTY:
1.2.1 The CONSULTANT shall maintain all necessary professional licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunderhave been fully satisfied
1.2.2 The CONSULTANT has become familiar with the potential Project sites and the local
conditions under which the Work is to be completed.
1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. In providing
services under this Contract, the CONSULTANT shall perform its services in a
manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances
at the same time and in the same or similar locality. Upon notice to the
CONSULTANT and by mutual agreement between the parties, the
CONSULTANT will, without additional compensation, correct those services not
meeting such a standard,
1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.2.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
Page 12
1.2.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.2.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLE 11
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its sub - consultants, or both.
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall be
in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return
receipt requested, to the following:
For the County:
Ms. Rhonda Haag
Director of Sustainability and Projects
102050 Overseas Highway, Room 246
Key Largo, FL 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Mr. Gerardo Contreras
And: Mr. Brian Proctor
759 South Federal Highway, Suite 314
Stuart, Fl, 34994
Page 13
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing
the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested services. Only after receiving an amendment to the
Z-1
Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed
with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads and maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project, The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents, Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
sub-consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
Page 1
ARTICLE
INDE NINIFICATION AND HOLD V
5.1 The CONSULTANT s h a I I indemnify and hold harmless COUNTY and its officers
and employees from liabilities, damages, losses and costs to third parties, including but
not limited to reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONS UI TANT, subcontractor(s)
and other persons employed or utilized by the CONSULTANT in the performance of the
contract. In no event shall the negligent, reckless or intentional wrongful conduct of the
COUNTY, its officers, employees or other persons employed or utilized by the COUNT`' be
indemnified by CONSULTANT.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
5.3 To the extent the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the
required insurance, the CONSULTANT shall indemnify COUNTY from documented
increased expenses resulting from such delays.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive for a period of one (1) year following the expiration or
early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME
Brian proctor
Richard Czlapinski, PE
Brian Watson, PE
Stuart McGahee, PE
Gerardo Contreras, PE
Rebecca Serra, PE
Jesse Davis, PE
Francisco Martinez, EIT
Patrick Zuloaga
Marcy Frick, REM
Lisa Canty
Telly Gracie
FUNCTION
Principle -In- Charge
Senior Consultant I
Senior Consultant I
Engineering Manager 11
Senior Engineering; Staff` III
Senior Engineer Staff 11
Engineer Staff VIII
Engineer Staff V
Senior Scientist I
Staff Scientist VIII
Staff Scientist VI
Staff Scientist (Outreach) III
Page 1 5
So long as the individuals named above remain actively employed or retained by the CONSULTANT,
they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT
shall notify the COUNTY of the change immediately.
ARTICLE VII
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement based on rates negotiated and agreed
upon and shown in Attachment. A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(13) As a condition precedent for any payment due under this Agreement,
the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, but only to the
extent and in the amounts authorized by Monroe County Code Section. 2-106 through 2-
117 for travel, per diem, meals and mileage. Other travel expenses shall be paid in
accordance with Section 112.061, Florida Statutes. Travel time charges shall not begin
until the employee reaches mile marker 106 if coming from outside of Monroe County,
and shall not be charged if the employee resides within Monroe County
b. C o s t of reproducing maps or drawings or other materials used in performing, the scope
of services;
c. Postage and handling of reports.
0-M
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated
to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October I - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration..
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at
all times that this Agreement is in effect. To the extent the completion of the project (to
include the work: of others) is delayed or suspended as a result of the CONSULTANT'S
failure to purchase or maintain the required insurance, the CONSULTANT shall
indemnify the COUNTY from documented increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida... The coverage shall contain an endorsement
providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies;
A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond
to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and /or damages to property of ethers arising from use of
motor vehicles, including onsite and offsite operations, and owned, hired or non- owned
vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including. personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others to the extent
arising out of any covered act or ornission of the CONSULTANT or any of its employees
or agents, including Premises and /or Operations, Products and Completed Operations,
Independent Contractors; Broad Form. Property Damage and a Blanket Contractual
Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual
Page J 7
aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 12 months following the termination or
expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000,00) per occurrence and
Two Million Dollars ($2,000,000,00) annual aggregate. If the policy is a "claims made"
policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made
after completion of the project to cover the statutory time limits in Chapter 95 of the Florida
Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. Unless otherwise agreed to by the parties, CONSULTANT shall require its sub-
consultants to be adequately insured at least to the limits prescribed above, and to any
increased limits of CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for sub-consultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance including those
naming the COUNTY as an additional insured.
1. If the CONSULTANT participates in a self-insurance fund. a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
;1. In no event shall any coverage provided by CONSULTANT extend to claims caused by the
acts, omissions or negligence of the additional insureds.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event
that COUNTY makes use of said documents on a project or projects not covered under this Contract,
without CONSULTANT'S express written consent, such use shall be at the sole discretion, liability,
and risk of the COUNTY.
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In the event COUNTY makes use of said documents on a project or projects not covered under this
Contract, without Consultant's express written consent, said consent not to be unreasonably
withheld, such use shall be at the sole discretion, liability and risk of the COUNTY.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and the CONSULTANT, which approval shall be subject to such conditions and provisions
as the Board may deem necessary, This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions
of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third party.
If the COUNTY is not the ultimate beneficiary of the Services or CONTRACTOR's work product is
used in such a way as to create or induce any reliance by any third party, the COUNTY represents and
warrants (i) that it shall bind its clients and/or such third parties to limitations on and protections
against liability "protective provisions" commensurate with those afforded CONTRACTOR hereunder
and that such protective provisions are intended to and do in fact inure to the benefit of
CONTRACTOR, and/or (ii) that the COUNTY has the power to act on behalf of its clients and/or such
third parties and does hereby bind such parties to these protective provisions.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written notification to
the CONSULTANT,
B. Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX),
the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of
this Agreement, and Attachment A , and modifications made of execution by written amendment.
In the event of any conflict between any of the Contract documents, the one imposing the greater
burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for .11
public entity crime may not submit a bid on contracts to provide any goods or services to a public
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entity, may not submit a laid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this agreement will not
violate the public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no determination,
based on an audit, that it or any sub - consultant has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been l`ormally charged with
committing an act defined as a "public entity cringe" regardless of the amount of n°ioney involved or
whether CONUSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub - consultant is
formally charged with an act defined as a "public entity crime" or has been placed on the convicted
vendor list..
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained for a period of ten years from the termination of this agreement.
Each party to this Agreement or its authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for ten years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk: determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by
the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the
COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation
of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth
Judicial Circuit, Monroe County,. Florida, in the appropriate court or before the appropriate
administrative body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County,
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9.10 SEVERABILITY
If any terra, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants. conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT 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.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONSULTANT and their respective legal representatives, successors, and
assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state fiends to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first rneet and confer session, the issue or issues shall be
discussed at a public meeting; of the Board of County Commissioners. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such relies` or
remedy as may be provided by this Agreement or by Florida law, This provision does not negate or
waive the provisions of paragraph 9.5 concerning termination or cancellation.
i'
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT
agree to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services
under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONSULTANT agrees to comply
with all Federal and Florida. statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to; 1) Title V1 of the Civil Rights Act of 1964
(PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1.681 -1683, and 1685 - 1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6147) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1974 (PL 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title V111 of the Civil Rights Act of 1968
(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1241 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 13, Article V1, which prohibits discrimination on the basis of race, color,
sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement..
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.31.3, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
Page 1 12
employment or contractual relationship; and disclosure or use of certain infbnnation.
9.20 NO SOLICI A'I'IONIPA'1<'1'a ENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or fine, other than a bona fide employee working solely for it, any fee, commission
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
9.21 PUBLIC" RECORDS COMPLIANCE.
Contractor must comply with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24 of article 1 of the Constitution of Florida. The Contractor shall allow
the COUNTY reasonable access to, and inspection of all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, upon request by the County in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this provision in
the form of a court proceeding.. The prevailing party, shall be entitled to reimbursement of all
attorney `s fees and costs associated with that proceeding as provided for in Section 119.0701(4). This
provision shall survive for a period of ten (10) years following termination or expiration of the
contract:.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision. Pursuant to F.S. 119.01701 and the terms and conditions of this contract:,
the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. if the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. if the
Contractor keeps and maintains public records upon completion of the contract,. the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County. If the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records
to the County or allow the records to be inspected or copied within a reasonable time.
In accordance with Sec. 119.070 1, Florida Statutes:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT (305) 292-3470, Bradley -
Brian 4l MonroeCounty-FL. Gov, 1 1 11 12 St. Suite 408, Key West, Fl. 33040
MQ41LM' L312103 NIMM60M
Notwithstanding the provisions of Sec. 768.28, Florida Statutes., the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions frorn laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity
of officers, agents, or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that
neither the CONSULTANT' nor the COUNTY or any agent, officer. or employee of either shall have
the authority to inform. counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
.�W.M'
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement..
CONSULTANT TANT agrees to execute such documents as COUNTY may reasonably require, including. a
Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation
certificate stating that wage rates and other factual unit casts supporting the compensation pursuant to
the Agreement are accurate, complete, and current at the time of contracting. The original contract
price and any additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates
and ether factual unit costs. All such adjustments must be made during the term of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
9.213 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as
an original, all of which taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart.
9.29 DISADVANTAGED BUSINESS ENTERPRISE (I)BE) policy and Obligation - It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the perfonnance of contracts financed in whole or in part with COUNTY
funds under this Agreement. The TUBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the NBC's have the opportunity to compete for and perform
contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
9.34 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL
EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR NEGLIGENCE.
9.31 CONSULTANT LIABILITY. Notwithstanding any Article to the contrary contained in the
Contract, CONSULTANT'S total liability arising out of or in connection with the Contract or the
Services including, any for damage to or loss of COUNTY'S property, shall in no event extend beyond
one (1) year after completion of the Services in question or exceed the total amount of compensation
paid to CONSULTANT hereunder up to the maximum amount of $250,000. The warranties and the
Page 1 15
remedies set forth herein are exclusive, CONSULTANT makes no other warranties, express or
implied, with respect to its performance under this Contract. CONSULTANT and its employees shall
in no event be liable for arty special, indirect or coinsequential damages arising out of the performance
of services hereunder, includin SVecificalhi but without limitation loss of Froflts or revenue, business
interruption, loss of or interference with, whether or not by third parties, full or partial use of any
0 e ui men6 faciliti or iro erti, includinj realiroperty. cost of reilacement mwer. enerev or wduct,
i
"I'l UF Mlill LU PU1 VIF LV W1.41111 Permits ur appru';Uis UUSt Ul UaPILUJ, loss ul guirivfIll, vialms
of customers, Fines or penalties assessed against COUNTY or similar damages, The foregoing shall
apply to the fullest extent allowed by law irrespective of whether liability of CONSULTANT is
claimed or found to be based in contraom. tort or otherwise fincludiag. ncoli i nIce warrant:%"
anY strict liability).
IN WITNESS WHER-EOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: KEVIN MADOK, Clerk
By..
Deputy Clerk
Date:
(Seat)
Attest'.
BY�
aMaM=0 -
LIN) 361111113
.0
Mayor/Chairman
TETRA TECH, INC.
B ri., 'roc,
or
1 01 1 ' .
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Numalwam
L90i 0 NIH 4 F-11 01 ON-A I
2017 Schedule of Hourly Rates
CLASSIFICATION
RATE
Engineers / Scientists / Planners
Eng/Sci/ Planner Technician
$63.00
Eng/Sci/Planner Staff 1
$70.00
Eng/Sci/Planner Staff 11
$80.00
Eng/Sci/Planner Staff 111
$90.00
Eng/Sci/Planner Staff IV
$100',00
Eng/Sci/Planner Staff V
$110.00
Eng/Sci/Planner Staff VI
$120,00
Eng/Sci/Planner Staff VII
$130.00
Eng/ Sci / Planner Staff Vill
$140.00
Eng/Sci/ Planner Senior Staff 1
$160.00
Eng/Sci/Planner Senior Staff 11
$170.00
Eng/Sci/Planner Senior Staff III
$180.00
Eng/ Sci/ Planner Manager 1
$190.00
Eng/Sci/Planner Manager 11
$1.99.00
Senior Consultant 1
$215.00
Senior Consultant 11
$230.00
Principle -In- Charge
$265.00
GIS Designers / Drafters
GIS Design Staff 11
$82,00
GIS Design Staff 111
$97.00
GIS Design Staff IV
$110.00
GIS Design Staff V
$120.00
GIS Design Staff VI
$135,00
GIS Design Manager 1
$150-00
Financial Support / Procurement Administrative
Project Support Services 1
$63.00
Project Support Services 11
$72.00
Project Support Services 111
$86.00
Project Support Services IV
$97.00
Project Support Services V
$107.00
Project Support Services VI
$11&00
Project Support Services VII
$130.00
Project Support Services Vill
$142.00
Project Support Services Manager 1
$155.00
Project Support Services Manager 11
$169.00