Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item J05
J.5 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: J.5 Agenda Item Summary #8290 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 No AGENDA ITEM WORDING: Approval of Amendment No. 1 to Contract with RJ Waterway Planning and Management Services, LLC to Extend the Contract Expiration from June 16, 2021 to September 30, 2021 And Increase the Hourly Compensation From $85 to $110 Per Hour To Ensure Continued As-Needed Assistance with Waterway Management Functions Without Increasing the Total Not-To-Exceed Compensation Amount of$30,600. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("Board" or "BOCC) on May 20, 2020, approved a contract with RJ Waterway Planning and Management Services, LLC ("Contractor")to provide as-needed management consulting services to the Monroe County Marine Resources Office. This contract is set to expire on June 16, 2021; however, staff desires to extend this contract through the remainder of the current fiscal year(September 30, 2021)to ensure continued assistance with waterway management on an as-needed basis. In addition, the Contractor has requested an increase in the hourly compensation from $85/hour to $110/hour. This will not exceed the budgeted amount for these services in the current fiscal year; therefore, staff is recommending approval; no change to the total "not to exceed" compensation amount of$30,600 in the contract is proposed. Amendment No. 1 is provided for Board approval. PREVIOUS RELEVANT BOCC ACTION: May 2020 —Original Contract CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Packet Pg. 1189 J.5 Amendment Original contract FINANCIAL IMPACT: Effective Date: June 16, 2021 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $30,600 Total Cost to County: $30,600 (NTE) Current Year Portion: same Budgeted: yes Source of Funds: County Boating Improvement Fund (62613) CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: No REVIEWED BY: Emily Schemper Completed 05/28/2021 2:29 PM Assistant County Administrator Christine Hurley Skipped 05/28/2021 9:03 AM Peter Morris Completed 06/01/2021 12:23 AM Purchasing Completed 06/01/2021 8:24 AM Budget and Finance Completed 06/01/2021 8:25 AM Maria Slavik Completed 06/01/2021 8:33 AM Liz Yongue Completed 06/01/2021 9:50 AM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1190 J.5.a AMENDMENT NO. 1 TO CONTRACT BETWEEN RJ WATERWAY PLANNING AND MANAGEMENT SERVICES, LLC AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of June 2021, between Monroe County Board of County Commissioners (hereinafter "MONROE COUNTY" or the "COUNTY") and RJ Waterway Planning and Management Services, LLC (hereinafter "CONTRACTOR"). WHEREAS, the parties entered into a contract("Contract") on May 20, 2020, for waterway management consulting services (herein "service" or"services"); and v) WHEREAS,the Contract is currently due to expire on June 16, 2021; and E WHEREAS,the County may need continued assistance with the management of waterways within its jurisdiction throughout the Florida Keys; and -� WHEREAS, Section 1.11 of the Contract provides that the Contract may be extended up to two additional one-year terms; and CL WHEREAS,the County desires to extend this Contract through the remainder of the current fiscal year; and WHEREAS, the Contractor has requested an increase in the hourly compensation from $85/hour to $110/hour which will not exceed the budgeted amount for these services in the current fiscal year; and WHEREAS, it is deemed in the best interest of the County to have continued assistance with u the management of waterways. a� NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows: 0 U 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. 2. The Agreement between the parties is made a legally effective part of this First Amendment, except as expressly amended under this Amendment No. 1. �t 3. Section 1.11 is hereby amended by adding the following sentence: E "This Agreement shall be extended through September 30, 202 L" 4. Section 3 is hereby amended as follows: FROM: The maximum compensation available to the Consultant under this Contract is based upon the tasks detailed in the Scope of Services. The County agrees to pay Consultant based on completion of work described in the Scope of Services. The hourly rate of compensation for the Consultant's services under this Contract shall $85.00 per hour, not to exceed $30,600 1 of 3 Packet Pg. 1191 J.5.a (based upon a total of 360 hours)total. The sole approved hourly rate under this Contract is as follows: • Richard Jones: $85.00 per hour TO: The maximum compensation available to the Consultant under this Contract is based upon the tasks detailed in the Scope of Services. The County agrees to pay Consultant based on completion of work described in the Scope of Services. The hourly rate of compensation y for the Consultant's services under this Contract shall $110.00 per hour, not to exceed $30,600 (based upon a total of 278 hours)total. The sole approved hourly rate under this Contract is as follows: v) • Richard Jones: $110.00 per hour 0) 5. All of the other terms, covenants, conditions, and provision of the Contract dated May 20, 2020, except those expressly modified and rendered inconsistent by this Contract, remain in -� full force and effect and binding upon the parties. CL THIS SPACE INTENTIONALLY LEFT BLANK 0 2 of 3 Packet Pg. 1192 J,5,a In Witness Whereof, the parties have executed this Amendment No. 1 to the above-referenced Contract as indicated below. (SEAL) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0) As Deputy Clerk Mayor Michelle Coldiron MONnOE CO W ATTORNE APB FORM On behalf of. RJ Waterway Planning and Management Services, LLC __27 ..._ P 1 By: _. _..,. ASSISTANT COUNTY OR 0- Richard Jones Date. Title (Print): e�c" JoAe--s By: �_drna., Signa Witness (Print Name) By: ' Signature Witness (Print Name) .E STATE OF 0 COUNTY OFn S *� E The foregoing instrument was acknowledged and attested before me this day of 201 1. by J -s who is personally known to me or produced 03 as proof of identification and did take an oath. AQjdti y Public Seal ` Y S My Comm.Expires : Mayl,2022 CO 3 of 3 Packet Pg. 1193 Kevin Madvk, CPA Clerk of the Circuit Court&Comptroller—Monroe County,Florida '��,• DATE: June 16, 2020 TO: Celia Hitclrins, Sr. Administrator Marine Resources ) FROM: Parncla Banco , 0) SLT$JEGT: February 19' BOCC Meetings Attached is an electronic copy of tlic lollov<ing item for your Handling: H2 Contract with R1 Waterway Planning and Management Services, 1,LC, (Rich Jones) in an amount not-to-exceed $30,600.00 to provide the Monroe County Marine Resources Office witlrCL Waterway Management Consulting Services. Should you Have any questions please feel free to contact me at (30.5) 292-35.50. 0 0 U cc: County Atlorncy Firiance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 1194 AGREEMENT FOR WATERWAY MANAGEMENT CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA, AND RJ WATERWAY PLANNING AND MANAGEMENT SERVICES, LLC THIS AGREEMENT (hereinafter the "Contract" or"Agreement") is made and entered into this 20th day of May 2020, between the Monroe County Board of County Commissioners (hereinafter the "County" or the "Board") and RJ Waterway Planning and Management Services, LLC (hereinafter"Consultant" or"CONTRACTOR"), whose principal address is 4979 Hwy. 197, Clarkesville, Georgia 30523. WHEREAS, the Consultant is a business organization whose sole managing member is E Richard Jones; and WHEREAS, Richard Jones was an employee of the Marine Resources Office of the Monroe County Planning and Environmental Resources Department for approximately 23 years up to and including March 31st, 2020; and WHEREAS, Richard Jones has extensive historical knowledge of and programmatic experience with the Monroe County Marine Resources Office; and CL WHEREAS, the County may need said specific knowledge and experience in connection with the management of waterways within its jurisdiction throughout the Florida Keys, including but not limited to consultation with the Senior Administrator of the Monroe County Marine Resources Office and with the Senior Director of the Monroe County Planning and Environmental Resources Department on waterway management issues, and the training of Monroe County Planning and Environmental Resources Department and Marine Resources Office personnel in areas within the waterway management field; and WHEREAS, the Consultant desires to render these services as described in the below Scope of Services; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 0 Section 1. Representations and Warranties 1.1 The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. U 1.2 The Consultant shall secure, maintain, and pay for any and all licenses, permits, or other approvals or authorizations necessary to act as Consultant for the County. By 0 signature hereon, the Consultant warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions of this Contract. Proof of such licenses, permits, or other approvals or authorizations shall be submitted to the County upon request. The Consultant has, and shall maintain throughout the term of this Contract, all appropriate licenses, permits, or other approvals or authorizations required to conduct its business, and hereby represents that it will at all times conduct its business activities hereunder in a reputable manner. 1 of 19 Packet Pg. 1195 1.3 The Consultant shall prepare all documentation required by this Contract in such a manner that it will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable laws, codes, and regulations. The Consultant warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that meets the County's satisfaction, therefore eliminating any additional cost due to missing or incorrect information. 1.4 The Consultant assumes full responsibility to the extent allowed by law with regard to its performance and with regard to those directly under its employ or authority. 1.5 The Consultant's tasks shall be performed as expeditiously as is consistent with the °3 professional skill and care and the orderly progress of tasks assigned by the County. In performing the work required under this Contract, the Consultant shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions, of such tasks and activities, including those now in effect and hereafter adopted. Any violation of such law(s) shall constitute a material breach of this Contract and shall entitle the County to terminate this Contract immediately upon delivery of written notice of termination to the Consultant. CL 1.6 The Consultant shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, monies that may become due or monies that are due) this Contract or any part or portion thereof without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. 1.7 At all times and for all purposes under this Contract the Consultant is an independent contractor and is not an employee of the County. No statement contained in this E Contract shall be construed so as to find the Consultant or any of its employees, subcontractors, servants, or agents to be employees of the County. As an independent contractor, the Consultant shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules, and ca regulations applicable to the services to be provided. The Consultant shall work independently of the County, and the Consultant shall provide all of its own office equipment and electronic devices (including but not limited to computers, computer software, telephones, and the like) to be utilized in the performance of its tasks under this Contract. 1.8 The Consultant shall primarily work remotely at its principal address or from a remote mobile office, but may meet with County staff in person at Monroe County government buildings on an as-needed basis determined by the Senior Director of the Monroe County Planning and Environmental Resources Department or his or her authorized designee, or on an as-needed basis determined by the Senior Administrator of the Monroe County Marine Resources Office or his or her authorized designee. 2of19 Packet Pg. 1196 1.9 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 Contract or with the provision of services under this Contract. 1.10 The effective date of this Contract shall be the last day on which it is signed by both of the parties. 1.11 Term of Contract. The term of this Contract shall be for one calendar year, commencing on this Contract's legal effective date and ending one calendar year after that date (up to and including the last day of such period, unless such day is a E Saturday, Sunday, or legal holiday, in which case the last legally effective day of the Contract shall be the next day which is not a Saturday, Sunday, or legal holiday). This Contract may be subsequently modified by mutual written agreement of the parties, and may be extended for two additional one-year terms by subsequent mutually agreed upon amendment(s) to this Contract. 1.12 Correction of Errors, Omissions, Deficiencies. The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or CL conflicts in the work product of the Consultant. Section 2. Scope of Services. Consultant shall, as requested in writing by the Senior Director of the Monroe County Planning and Environmental Resources Department or his or her authorized designee, or as requested in writing by the Senior Administrator of the Monroe County Marine Resources Office or his or her authorized designee, provide waterway management consulting services to the County, including but not limited to consulting with the Senior Administrator of the Monroe County Marine Resources Office and/or with the Senior Director of the Monroe County Planning and Environmental Resources Department regarding subject matter in connection with, related to, or arising out of marine planning and issues pertaining to the management of waterways within the County's jurisdiction throughout the Florida Keys, and training Monroe County Planning and Environmental Resources Department and Marine Resources Office personnel in areas within the waterway management field. 2 Assigned tasks may include, but shall not be limited to, the training of Monroe County Planning and Environmental Resources Department and Marine Resources Office staff in areas within ca the field of waterway management, such as waterway marker repair, derelict vessel processing, budget development and analysis, assistance with the drafting of competitive solicitations, marina pumpout design development, and consultation with the County on matters requiring specialized knowledge of the Monroe County Codes, the Monroe County Comprehensive Plans, U Florida Fish and Wildlife Conservation Commission administrative rules, and/or specialized _ knowledge of historical Monroe County Marine Resources Office protocols, policies, practices, or programs. This may include testifying on behalf of the County in litigation or adverse 0 administrative proceedings. All information, knowledge, communication, and work-product generated or received in connection with, related to, or arising out of this Contract, is and shall remain privileged and confidential and may not be communicated to any other person or party, except to the extent authorized by the County, to the extent authorized by the Florida Public Records Act or as otherwise expressly required or expressly authorized by law. This contract does not include any disaster-related services. There may be additional instructions or provisions specific to the authorized work in the Scope of Services for the purposes of clarifying certain aspects of this Contract pertinent to the 3of19 Packet Pg. 1197 work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Section 3. Compensation. The maximum compensation available to the Consultant under this Contract is based upon the tasks detailed in the Scope of Services. The County agrees to pay Consultant based on completion of work described in the Scope of Services. The hourly rate of compensation for the Consultant's services under this Contract shall $85.00 per hour, not to exceed $30,600 (based upon a total of 360 hours) total. The sole approved hourly rate under this Contract is as follows: • Richard Jones: $85.00 per hour Section 4. County Responsibilities. The County's Contract Manager shall be the Senior Administrator of the Marine Resources Office, who has authority to administer this Contract and to act on the County's behalf on all matters concerning this Contract. Section 5. Budget. 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 budged for this Contract in the County's fiscal year (October 1 - September 30) by the County's Board of County CL Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. The County's performance and obligation to pay under this Contract 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. Section 6. Payment to Consultant. Payments shall be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (hereinafter the "Clerk"). The request must describe in detail the services performed and the payment amount requested. The Consultant must submit it to the County Contract Manager, who will review the request. The Contract Manager shall note his or her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Contract Manager must inform Consultant in writing that must include an explanation of the deficiency that caused the disapproval of the request. Payment to the Consultant may not occur more frequently than monthly. 0 Section 7. Insurance. 7.1 The Consultant shall obtain insurance and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorizes work 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 any and all increased expenses resulting from such delay. 7.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate this Contract. 7.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.4 Delays in the commencement or completion of work, resulting from the failure of the Consultant to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and/or failure to 4of19 Packet Pg. 1198 perform assessments shall be imposed as if the work commenced on the specified date and time. 7.5 The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving the Consultant from any liability or obligation assumed under this Contract or imposed by law. 7.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all of the Consultant's insurance policies to satisfy this Contract's requirements, except for Workers' Compensation. 7.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum thirty (30) days prior notification is given to the County by the insurer. 7.8 General Liability Insurance Requirements. Prior to the commencement of work governed by this Contract, the Consultant shall obtain Commercial General Liability Insurance. Coverage shall be continuously maintained throughout the life of the Contract, and shall include, at minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is/are: • $300,000 Combined Single Limit (CSL) E An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of 12 months following the acceptance of work by the County. c The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all policies issued to satisfy the above requirements. The Consultant shall maintain the insurance required by this Contract throughout the entire 0 term of the Contract and any extensions hereafter mutually agreed to in writing by and between the parties. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The Consultant shall provide to the County as satisfactory evidence of the required insurance: • A Certificate of Insurance and • A certified copy of the actual insurance policy 5of19 Packet Pg. 1199 The Consultant shall provide to the County certificates of insurance and a copy of all insurance policies including those naming the County as additional insured and as a loss payee. The County reserves the right to require a certified copy of such policies upon request, and the Consultant shall provide a certified copy of the/its actual insurance policy or policies upon request by the County, notwithstanding that the Consultant may have already provided a Certificate of Insurance. Insurance coverage shall be maintained throughout the entire term of the Contract. Insurance coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.9 Workers' Compensation Insurance Requirements. Prior to the commencement of work governed by this Contract, the Consultant shall obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Consultant shall obtain Employers' Liability Insurance with limits of not less than: • $100,000 Bodily Injury by Accident • $500,000 Bodily Injury by Disease, policy limits • $100,000 Bodily Injury by Disease, each employee Coverage shall be continuously maintained throughout the entire term of the Contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida. If the Consultant has been approved by the Florida Department of Labor, as an authorized self-insurer, the County may recognize and honor the Consultant's status. The Consultant may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. c If the Consultant participates in a self-insurance fund, a Certificate of Insurance shall be required. In addition, the Consultant may be required to submit updated financial statements from the fund upon request from the County. c 7.10 Business Automobile Liability Insurance Requirements. Recognizing that the work governed by this Contract requires the use of vehicles, the Consultant, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Contract and shall include, at minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable is/are: • $300,000 Combined Single Limit (CSL) 6of19 Packet Pg. 1200 If split limits are provided, the minimum limits acceptable are: • $200,000 per Person • $300,000 per Occurrence • $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 7.11 Professional Liability Insurance Requirements. Recognizing that the work governed by this Contract involves the furnishing of advice or services of a professional nature, the E Consultant shall purchase and maintain, throughout the life of the Contract, Professional °3 Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Consultant arising out of work governed by this Contract. The minimum limits acceptable is/are: • $300,000 per Occurrence/$500,000 Aggregate CL If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years shall be required. Section 8. Indemnification and Hold Harmless 8.1 The Consultant agrees to hold harmless the County and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind, arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the Consultant, subcontractor(s), and other persons employed or utilized by the Consultant in the performance of this Consultant, or arising out of, related to, or in connection with the willful non-performance of the Consultant. The Consultant shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of, related to, or in connection with its performance of this Contract, c including those of any subcontractor(s). 8.2 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 Contract. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that it shall hold the County harmless and shall indemnify the County from all losses occurring thereby .. and shall further defend any claim or action on the County's behalf. 8.3 In the event completion of the work assigned (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 any and all increased expenses resulting from such delays. Should any claims be asserted against the County by virtue of any deficiencies or ambiguity in the plans and specifications provided by the County or Consultant, the Consultant agrees and warrants that the Consultant shall hold the County 7of19 Packet Pg. 1201 harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 8.4 The Consultant agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the County, for whatever cause, during the progress of any portion of the services specified in this Contract. The Consultant agrees that it shall not be entitled to damages for delay. 8.5 The Consultant shall be responsible for the completeness and accuracy of its work, data, and other documents prepared or compiled under its duties and obligations under this Contract, and shall correct at its expense all significant errors or omissions therein which 0) may be disclosed. The cost of the work necessary to correct those errors attributable to the Consultant and any damage incurred by the County as a result of additional costs caused by such errors shall be chargeable to the Consultant. 8.6 The extent of liability is in no way limited, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 8.7 This hold harmless and indemnification shall survive the expiration or early termination of CL this Contract. Section 9. Staffing. As staffing is of paramount to the timely and proper completion of this Contract, the Consultant shall provide services using the following standards, as a minimum requirement: The Consultant shall provide at its own expense all necessary personnel to provide the services under this Contract. The personnel shall not be employees of or have any contractual relationship to the County. All personnel engaged in performing the services under this Contract shall be fully qualified, and, if required, to be authorized or permitted under federal, State, and local laws to perform such services. Section 10. Contract Termination. The County may terminate this Contract for any reason, with or without cause, upon 15 days' written notice to the Consultant. Immediately after receiving such notice, the Consultant shall immediately discontinue advancing the services contemplated herein, and deliver all work-product (including but not limited to documents, data, reports, notes, public records (as that term has been construed under Chapter 119, Florida 0 Statutes), etc., over to the County, whether unused, in draft form, partially completed, or fully completed. Compensation shall be paid to the Consultant through the end of services performed and provided to the County up to the date of termination. Section 11. Notices All legal notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: 8of19 Packet Pg. 1202 To the COUNTY: Monroe County Marine Resources Office Attn: Marine Resources Office Senior Administrator 2798 Overseas Highway Marathon, Florida 33050 With a copy to: Robert B. Shillinger, Monroe County Attorney 1111 12th Street Suite 408 a) Key West, FL 33040 To the CONSULTANT: RJ Waterway Planning and Management Services, LLC Attn: Richard Jones P.O. Box 390 Clayton, Georgia 30525 Or addressed at such other address or addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to `t3 have been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the mails, registered, postage paid, return receipt requested. Section 12. Maintenance of Records. The Consultant shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records directly pertinent to performance under this Contract as are necessary to document the performance of this Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7 years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The County shall have the right to unilaterally cancel this Contract upon violation of this provision by the Consultant. Failure of the Consultant 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 and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provisions U shall survive any termination or expiration of the Contract. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each .� other party to this Contract during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the County or Monroe County Clerk of Court determines that monies paid to the Consultant pursuant to this Contract were spent for purposes not authorized by this Agreement/Contract, or were wrongfully retained by the Consultant, the Consultant shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the County. 9of19 Packet Pg. 1203 Section 13. Public Access and Public Records Compliance The Consultant must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I, of the Florida Constitution. The County and the Consultant shall allow and permit 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, and made or received by the County and Consultant in conjunction with and in connection 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 Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this Contract and the County may enforce 0) the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The Consultant is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and conditions of this contract, the Consultant is required to: CL Keep and maintain public records that would be required by the County to perform the service. 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. 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 Consultant does not transfer the records to the County. Upon completion of the Contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, 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 Contract, the Consultant 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 0 technology systems of the County. A request to inspect or copy public records relating to a County Contract must be made directly to the County, but if the County does not possess the requested records, the .� County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the Contract's maintenance of records and/or public access and public records compliance provisions, notwithstanding the County's option and right to unilaterally cancel this Contract upon violation of said provision(s) by the Consultant. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 10 of 19 Packet Pg. 1204 The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 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 PHONE# 305-292-3470 BRADLEY-BRIAN(aD-MONROECOUNTY-FL.GOV, MONROE E COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 14. Compliance with Law. In providing all services pursuant to this Contract, 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 Contract and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. Section 15. Disclosure, Conflict of Interest, and Code of Ethics The Consultant represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Contract, as provided in Section 112.311, et. seq., Florida Statutes. Upon Consultant's execution of this Agreement, and thereafter as changes may require, the Consultant shall notify the County of any financial interest it may have in any and all contracts with Monroe County. The 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 112.313, Florida Statutes, regarding, but not limited to, solicitation 0 or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 16. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 17. Financial Responsibility. The Consultant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or 11 of 19 Packet Pg. 1205 any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. Section 18. Miscellaneous 18.1 Successors and Assigns. The Consultant shall not assign or subcontract its obligations under this Contract, except in writing and with the prior express written approval of the County and consistent with the Contract, which approval shall be subject to such conditions and provisions as the County 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 Contract. Subject to the provisions of the 0) 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. 18.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 18.3 Negligence. CL In the event the Consultant shall be found to be negligent in any aspect of the service or work, the County shall have the right to terminate the Contract after five (5) days' written notification to the Consultant. The County may cancel this Contract without cause by giving the Consultant sixty (60) days' written notice of its intention to do so. 18.4 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid 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 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 Contract, CONSULTANT represents that the execution of this Contract will 0 not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract 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 subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. 12 of 19 Packet Pg. 1206 CONTRACTOR will/shall promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 18.5 Claims for Federal Aid. CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall °' be approved by each party prior to submission. 18.6 Non-Discrimination. CONSULTANT and COUNTY agree that there will be no °3 discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY 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 VI 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. 1681-1683, 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. 6101-6107) 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 1970 (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 VIII 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. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, 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 Contract. 18.7 No Solicitation/Payment. 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 Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Contract 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. 18.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of 13 of 19 Packet Pg. 1207 Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. 18.9 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 Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 18.10 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 18.11 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 18.12 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all 0 suspected or reported violations to the Federal awarding agency. 18.13 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the 14 of 19 Packet Pg. 1208 purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18.14 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued 0) by the awarding agency. 18.15 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). CL 18.16 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.17 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 0 18.18 Procurement of recovered materials as set forth in 2 CFR § 200.322. 18.19 Other Federal Requirements. 18.20 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with E all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 18.21 Disadvantaged Business Enterprise (DBE) 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 performance of contracts financed in whole or in part with COUNTY funds under this Contract. The DBE requirements of applicable federal and state 15 of 19 Packet Pg. 1209 laws and regulations apply to this Contract. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. 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 DBE'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 Contract. 18.22 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT 0) during the term of the Contract and shall expressly require any subcontractors or subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor or subconsultant during the Contract term. 18.23 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Section 19. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Contract and the acquisition of any insurance coverage, 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. Section 20. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from 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 Contract 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. 0 Section 21. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Contract 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 Contract 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. Section 22. 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 16 of 19 Packet Pg. 1210 County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Section 23. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract 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 Contract separate and apart, inferior to, or superior to the community in W general or for the purposes contemplated in this Contract. Section 24. Governing Law, Venue, Interpretation, Costs and Fees. This Contract 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 Contract, County and Consultant agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract CL shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 25. 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 Contract, 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. Section 26. Adjudication of Disputes or Disagreements. The 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 the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Section 27. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, 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 .� Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Section 28. Severability. If any term, covenant, condition or provision of this Contract (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 Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions 17 of 19 Packet Pg. 1211 and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The County and Consultant agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 29. Attestations and Truth in Negotiation. The CONSULTANT 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 Contract by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. The original contract 0) 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 other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Section 30. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants that: The CONSULTANT'S name in this Agreement is its full name. He or she is authorized to act and contract on behalf of CONSULTANT. Section 31. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary and corporate action, as required by law. Section 32. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the Consultant for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this Agreement. Section 33. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the County and Consultant and subcontractors and their respective legal representatives, successors, and assigns 0 Section 34. Section Headings. Section headings have been inserted in this Contract as a �? matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. 0 Section 35. Execution in Counterparts. This Contract may be executed in any number of U 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 Contract .� by signing any such counterpart. In Witness Whereof, the parties have executed this Contract as indicated below. E THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK 18 of 19 Packet Pg. 1212 , (SEAL) BOARD OF COUNTY COMMISSIONERS KEVIN M"K, CLERK OF MONROE COIL ,FLORiDA As Deputy Clerk Mayor Heath- Car RJ Waterway Planning and Management Services, LLC By: � �t�Gd1 Signature: 7 fitness(Prin Name) Richard.tones Me: Manager Witness(Signature) MONROE ATTORNEY APP TO FOFIM fitness(Pant Name) "� PETER MOAAIS J.Py. A ASSISTANT COUWrY ATTORNEY fitness(5 g ture) p,G: 514I24 STATE OF: & oFyu DL _ COUNTY OF: -)O Subscribed and sworn to(or affirmed) before me, by means of M physical presence or©online notarization, on Lq (date)by Richard Jones. He is Personally known to me or has produced ��,-',v )Cen-re (type of identification) as identification. 0 orj Z. NOTARY PUBLIC - ;My Comm.E*res :Z ;-: ;; May 5.2022 My Commission Expires: 1 '•,�i�, ' - q n .. CD .y W �u -4 CD 19 of 19 Packet Pg. 1213 My Commission Expires: = , DRU-G-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 27.07 hereby certifies that: (Name of Business) 2 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. °3 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of CL working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above E requirements. E (Signature) Date: 0 STATE OF: COUNTY OF: _- ,� � - - ---- -- .� Subscribed and sworn to (or affirmed) before me, by means ofTKphysical presence or ❑ online notarization, on -_ _ (date) by (name of afFiant). He/She is_pqE§QnaI1yJmaw to me or has produced (type of identification) as identification. 1 r v' • DEBORAH A.GRIFFIN - - — PIR Notary public State of Florida NOTARY"LIC Commission!GG 930138 a M1 My Comm.Expires Mar 5,2024 Banded through National Notary Assn. Packet Pg. 1214 y Commission Expires: kj PUBLIC ENTITY IMSTATEMENT °A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid 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 public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in °3 excess of the threshold amount provided in Section 27.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within he last 36 months. .E n3 (Signature) Date: I STATE OF: _ COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of` -physical presence or ❑ online notarization, on -\Q go,-)-a (date) by 0 (name of affiant). He/She is M known to me or has produced (type of identification) as identification. 0 ME so NOTARY POWC ��s�►c"� DEBORAH A.GRIFFIN Notary Public-State of Florida d Commission k GG 930138 My Commission Expires: z, NN n My Comm.Expires Mar 5,2024 Bonded through National Notary Assn. n3 Packet Pg. 1215 SWORN ICS STATEMENT UNDER ORDINANCE NO. 010-1990 COUNTY,MONROE FLORIDA ETHICS CLAUSE AL Company) ...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signa ure) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 19 physical presence or ❑ online notarization, on (date) by _3-. _ _ (name of affiant). He/She is 0 personally known to me or has produced (type of — identification) as identification. 0 U � OEBORAN A.GRIFFIN P Notary Public-State of Florida MComm.m Expi a Maar 5,iota NOTARY PUBLIC Bonded through National Notary Assn. Q) My Commission Expires: ____ Packet Pg. 1216 Ate`" CERTIFICATE OF LIABILITY INSURANCE F°ATE( 20 06/01/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alexander Yu NAME: CoverWallet, Inc. AIc"N o Ext: (646)844 9933 AIc,NO): 25 W 45th Street, E-MAIL ADDRESS: customer.service@coverwallet.com �+ Floor 15 INSURER(S)AFFORDING COVERAGE NAIC# _2 New York NY 10036 2.1 INSURERA: Hiscox Insurance Company Inc. 10200 INSURED INSURERB: Hiscox Insurance Company Inc. 10200 RJ Waterway Planning and Management Services, LLC 1910 Harris Ave INSURER C 7 Key West, FL,33040 INSURERD: E INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CM CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY X UDC-4497730-CGL-20 06/03/2020 06/03/2021 EACH OCCURRENCE $ 300,000 CL CLAIMS-MADE � OCCUR DAMAGES 1 RENTED 100 000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 300,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 600,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 600,000 JECT OTHER: $ AUTOMOBILE LIABILITY X UDC-4497730-CGL-20 06/03/2020 06/03/2021 COMBINED SINGLE LIMIT $ 300000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ E AUTOS ONLY AUTOS ONLY Per accident l 7 $ UMBRELLA LIAB y OCCUR 's F .�, EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE By AGGREGATE $ DED RETENTION$ i�4 .,.,.,,,...— 6/2_/2 Q 2 Q .,.. $ U WORKERS COMPENSATION PER LITE OTER H- AND EMPLOYERS'LIABILITY YIN `W ` STAT A NYPROPRI ETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability UDC-4497730-EO-20 06/03/2020 06/03/2021 Liability(Each claim):$500,000 B Liability(Aggregate):$500,000 O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is included as additional insured with respect to the General Liability per the policy's terms and conditions. O CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 Simonton street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Key West, FL,33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD packet Pg. 1217 0 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION "CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. fry 0) EFFECTIVE DATE: 6/2/2020 EXPIRATION DATE: 6/2/2022 2 PERSON. RICHARDLJONES EMAIL: JONES8634 BELLSOUTH.NET 0) FEIN: 851257585 BUSINESS NAME AND ADDRESS: RJ WATERWAY PLANNING AND MANAGEMENT SERVICES, a)LLC CD 1910 HARRIS AVE KEY WEST,FL 33040 SCOPE OF BUSINESS OR TRADE: clerical Office Employees CD Noc IMPORTANT Pursuant to subsection 440.05(14).F.S.,an officer of a corporation who enacts exemption here this chapter by firing a certificate of election under this section may net recover benefits or compensation under this chapter:Pursuant to subsection 440-05(12).F_5.,Certificates of olectioro to be exempt issued CL under subsection(3)shall apply only to the corporate officer named on the nobce of elector to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to subsection 440.05(13):.F.5 notices of election to be exempt and certificates of election to be exempt shall be subject to revocation it,at any time after the filing Uf the notice.,the issuance of the certificate.the person named on the notice or certificate ($ no€poser rneet5 the royuirema tts of Ehis sect an lot ssuance of e eeetiticdte The tlepdtimant shall revoke a certificate at any time tGr(dilute of the person named on the cerlibcale to meet the requirements ul this sect un DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01175185 QUESTIONS?(850)413-1609 0 U Packet Pg. 1218 PLEASE CUT OUT CARD BELOW AND RETAIN FOR FUTURE REFERENCE 3TA TE@FFLffRIDA- ......,,....,......— -..m.,.,m..,.....— iAd.....——�.......................... —— ,.... —....,.— .......,.. gI NVISl OF WORKERS FINANCIAL ' p� It4'IRC?RTAIV'T � ug ! SIMN CONSTRUCTIOU INOU STAY EXE MIR'FION @ F P umn and in sunsaCli w os(1 M1)..'F S,An.a"nr pl a Co,pc a i.n no CIpC.F. i 0�y F",pi V 1 V this chip Pa ny I inn a Gin P ath4 Cd nIoCI tin W n7.fr CF:is� 1inn, 1 CERTIFICATE OF ELECTION dO ONE E;<€MPTFRCYfd FLORIDA .g..' V ap'r oS pCvYE".UaSApd s o[Dnrnpnn5&Lx.'In euitl&r tt'f s cnaplc r_ •� 1 WORKERS'COMPERSAFION LAW d%�.as E VCSC"StiE OnfB PI- Ii F i kd—i RYh ndenopl ' 0) SSWd AC G i 13?F1.11 kpply a l to]no po ate all n vp LFo nrz cr rn plk riaan Am La1 r.epgAttr T aYif--"?�pAvlr w r he soga, UICt PERSON. RIOARDLJONES SNAIL +• „wa xaa ,_ O �ns54lST I+W kf'I1UtC hN ICA9 C4"pl nlpL pn 1o4Pf 111 REIN 111 2.r155 LI P v:[a s�GwNCA-irJ 9dd7 LWyn F!- S [;aaC'on Gd Cr aC ro tin 5L e�5. BUSINESS.NAME AMD ADEN ESS E Cf idi al CS nl ylnrt'tf. LC FOP p:51 au E:f.SlhjpGl i(5 P'+U NIICiv Pala Y' E eye llo-r r §ry}lylir•� E oo Ira s ca air plfic.10 he scar ay Y Ndt rvPtlE`N,T PQ/'P.:{INt.s:NU N&rYFl Ia M'.NFN SI H4K,E,.LI C, R d pc1 Elw 1L`4 C-UI Caf 1 l0 I yGd ,60M heI fa{P13'nt0n15 IIA-% te 1 a1 any II TV 1Qldlti�iWo in "s po,ws amt1 fkir ShVl µ Cfefuleal n I{t1AI.no I ll`Irll` IIO 4:1 pI1Ai4RIS 'I tsOlakill tita i,W 111ia 54K.WII SO*P£.OF SO04NEAS OF TRADF, Eu 117f,1 BE w..... —..........-......................—..... ,..7.—....—.- I.....:——,.... .........- ,.. ——.....— DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISER 08.13 QUESTIONS?(850)413.1609 CL 0 tJ U 0 U U Packet Pg. 1219