12/16/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
January 13, 2010
TO:
Jerry Barnett, Director
Project Management
FROM:
Ann Riger
Pamela G. Han~c.
A TTN:
At the December 16, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract Agreement between Monroe County and Bender
and Associates Architects, P.A. for the Monroe County's American and Disabilities Act (ADA)
Transition Plan.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ~
AGREEMENT FOR
CONSULTING SERVICES
for
l~fonroe County 's ~4lnerican with Disabilities 44ct (:4DA) Transition Plan
This Agreement ("Agreement") made and entered into this _16th_day of
December, 2009 by and between Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe
County Board of County Commissioners ("BOCC"'),
AND
Bender & Associates Architects.. P.A. , a Corporation of the State of Florida,
whose address is 410 Angela St... Kev West.. FL 33040 its successors and assigns,
hereinafter referred to as "CONSULT ANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
CONSULTANT tor Development of Americans with Disabilities Act (ADA) Transition
Plan t()r Monroe County Facilities, Sites, Roads, Park and Beaches; and
WHEREAS, CONSULTANT has agreed to provide professional services which
shall include, but not be limited to, the performance of the Development of Americans
with Disabilities Act (ADA) Transition Plan for Monroe County Facilities, Sites, Roads,
Park and Beaches, which shall be called the "Project''';
NOW" THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and tor other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULTANT is professionally qualified to act as the CONSULT ANT tor
the Project and is licensed to provide the designated services by the State of
Florida having jurisdiction over the CONSULTANT and the Project;
1.1.2 The CONSULTANT shall Inaintain all necessary licenses, permits or other
authorizations necessary to act as CONSUL Ti\NT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.3 The CONS UL T ANT has become familiar with the Project sites and the local
conditions under which the Work is to be completed.
1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in the
subsequent implementation phases and shall be in conformity and comply with all
applicable law, codes and regulations. The CONSULTANT warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to
accomplish the purposes of the Project, therefore, eliminating any additional cost
due to missing or incorrect information;
1.1.4 The parties acknowledge the requirements of the ADA are subject to various and
possibly contradictory interpretations. Consultant will use its professional efforts
and judgment to interpret applicable ADA requirements to advise the Client and
prepare all documents required by this Contract, including but not limited to the
Transition Plan, in such a manner that they shall be in conformity and cOlnply
with all applicable law, codes and regulations. The Consultant warrants that the
Transition Plan prepared as a part of this Contract will be adequate and sut1icient
to accomplish the purposes of the Project, therefore, eliminating any additional
repair, adjustment and modification costs due to missing or incorrect elements in
the contract documents or guarantee that the Client's facility will fully comply
with interpretations of ADA requirements by regulatory bodies or court decisions,
subsequent to the time the services are rendered.
1.1.5 The CONSULTANT assumes full responsibility to the extent allo\vcd by law with
regards to his performance and those directly under his employ.
1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is
consistent \vith professional skill and care and the orderly progress of the Project.
The CONSULTANT shall submit, for the COUNTY'S and its representative's
information, a schedule for the performance of the CONSULTANT'S services
which may be adjusted as the Project proceeds if approved by the COUNTY, and
shall include allowances for periods of time required for the COUNTY'S revie\v~
and for approval of submission by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the COUNTY may not
be exceeded by the CONSULTANT except for delay caused by events not \vithin
the control of the CONS UL T ANT or foreseeable by him.
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1.1.7 CONSULTANT is an independent contractor under this Agreement. Services
provided by CONSULTANT shall be subject to the supervision of
CONSULTANT. In providing the services, CONSULTANT and its agents shall
not be acting and shall not be deemed as acting as officers, employees, or agents
of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY
employee.
ARTICLE II
SCOPE OF CONSULTANT'S BASIC SERVICE
2.1 DEFINITION
CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2
and 2.3, and other services identitied as part of Basic Services, and include normal
consulting services to Develop Monroe County's Americans with Disabilities Act (ADA)
Transition Plan and complete the Project. The CONSULTANT shall commence work on
the services provided for in this Agreement promptly upon his receipt of a written notice
to proceed from the COUNTY. The notice to proceed must contain a description of the
services to be performed, and the time within which services must be performed,
2.2 BASIC SERVICES INCLUDED
CONSULTANT'S Basic Services consist of, but \vill not be limited to:
2.2.1 DATA COLLECTION AND REVIEW
Consultant shall review the Monroe County Policies and Procedures, Monroe County's
Self-Evaluation dated August 2006, and the ADA Assessment Survey and Evaluation of
facilities, sites, roadways, parks and beaches completed May 2009 to develop, prepare
and complete the ADA Transition Plan for Monroe County in full compliance with the
mandates of TitIe II and in adherence to the current ADA Codes.
2.2.2 TRANSITION PLAN
The transition plan should outline the repairs, adjustments and modifications Monroe
County must undertake to comply with Title II of the ADA that mandates that programs,
services, and activities provided by government agencies be offered equally to people
with disabilities. The plan shall contain at a nlinimum but not be limited to:
A) Identification of barriers: A list of the physical barriers and all other non-
compliant items in Monroe County facilities, sites, roadways, parks and
beaches that litnit the accessibility of its programs, activities, or services to
individuals with disabilities; as identified in the May 2009 ADA Survey;
B) Removal of physical barriers and other non-compliant items: A detailed
outline of the methods to be utilized to remove and correct these barriers and
itetns and make the facilities accessible in \vritten and graphic form;
C) Estimated budget costs and proposed funding sources for the correction of and
removal of noncompliant items;
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D) Tilne frame for the removal and corrections shall be based on a five-year
capital expenditure plan and shall include but not be limited to: prioritization
of items; the schedule for taking the necessary steps to achieve cOlnpliance
\vith Title II and/or current ADA codes. If the time period for achieving
compliance is longer than one year, the plan should identify the interim steps
that will be taken during each year of the transition period;
E) Identify the Monroe County official responsible tor the plan's implementation;
F) All items set forth in Exhibit ~~AH.
2.2.3 DA Ti\BASE
Develop a database contained in Microsoft Excel format for use by Monroe County in
implementing the Transition Plan.
2.2.4 REPORTS
During the course of the Project, the Consultant shall be required to deliver to the County
drafts of the transition plan. Once the County has approved the transition plan drafts, the
Consultant shall organize a final Transition Plan to be delivered to the County for final
review and acceptance. The Consultant shall provide t\VO originals of the Transition Plan,
and one electronic version in PDF tile format.
2.2.5 OTHER
CONS U L T ANT shall cOlnply with any other requirements as provided for in the contract
documents., County Code, State and Federal laws.
2.3 SCHEDULE
Transition Plan shall be completed within ONE HUNDRED AND EIGHTY (180) days
from Notice to Proceed.
2.4 COl\'IPLETION DATE
Both parties acknowledge that the Project must be completed, as per schedule, no
later than one hundred and eighty (180) days from date of N orice to Proceed.
Delay in completion shall be considered a breach of the contract.. except where
extension of time is granted in writing by the County and at no additional cost for
delay.
2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
TIle CONSULTANT shall., without additional compensation, promptly correct
any errors, omissions, deficiencies., or conflicts in the \vork product of the
CONSULTANT or its subconsultants, or both.
2.6 \VRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly served if
delivered in person to the individuals and addresses listed below., or if delivered
or sent by first class mail, certified, return receipt, or by courier with proof of
delivery.
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All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the CONSULTANT. The correspondence shall be
directed to:
Jerry Barnett, Director
Project Management
Historic Gato Building
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And:
Roman Gastesi
County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Notice to the CONSULTANT shall be delivered to: f!-::.
Bert Bender
410 Angela Street 1/. 30 ,. aj
Key West, FL 33040
ARTICLE III
ADDITIONAL SERVICE
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Board of County Commissioners as an addition to the
compensation paid for the Basic Services but only if approved by the Board of
County Commissioners before commencement, and are as follows:
A. Providing services of CONSULTANT for other than the previously listed
scope of the Project provided as a part of Basic Services and pursuant to written
approval by Project Management;
B. Providing representation before public bodies other than the Board of County
Commissioners and other public hearings and meetings in connection with the
Project, upon prior approval by Board of County Commissioners;
C. Appearances at public hearings, and public meetings before the Board of
County Commissioners.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the
CONSULTANT. Only after receiving an Amendment to the Agreement and a
Notice to Proceed from the COUNTY, shall the CONSULTANT proceed with the
Additional Services.
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3.2a For services related to 3.1A and 3.18 the CONSULTANT shall respond with a fee
proposal to perform the requested services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 OWNER shall provide full information regarding requirements for the Project
incl uding objecti ves, schedule, constraints and cn tena.
4.2 OWNER shall designate Monroe County Project Management Department to act
on the OWNER'S behalf with respect to the Project. The OWNER or Project
Management Department shall render decisions in a tiulely 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 \vritten notice shall be given by OWNER through Project Management
Department to CONSULTANT if O\V~ER becomes aware of any fault or defect
in the Project or non-conformance with the Contract Documents. Written notice
shall be deemed to have been duly served if sent pursuant to paragraph 2.6.
4.4 The OWNER shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary tor the orderly progress of
the CONSULTANT'S services and work of the contractors. These \vill include"
but are not limited to, the following:
· A copy of Monroe County Policies and Procedures;
· ADA Coordinator, grievance procedure, policies for effective
communication, reasonable accotrunodation, assistance animal policies,
\veb protocols, etc.;
· A list of complaints, regarding access to progranls services or activities.
· A list of all programs, services or activities;
· A list of Historic Preservation programs and/or areas;
· A list of all County Departments/personnel involved in the remediation
process, such as Public Works, Parks and Recreation, ADA Coordinators,
etc. ;
· Monroe County's Self Evaluation dated August 2006;
· ADA Assessment Survey and Evaluation of facilities, sites, roadways,
parks and beaches-May 2009;
· Original data to be provided in Excel, Word or Access when possible or in
POF when unavailable in Excel, Word or Access~
· The estimated budget allocated for each year of the 5 year plan;
· Provide all information on proposed Capital Improvement Projects, road
re-surfing, side\valks, park or do\vntown area enhancements, etc.:
· All existing training modules for employees and/or contractors.
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4.5 The OWNER'S review of any docUluents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining \vhether such
docUlnents are generally consistent with the OWNER'S criteria, as, and if,
modified. No revie\v of such documents shall relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 Information requested by CONSULTANT that may be of assistance to the
CONSULTANT and to \vhich the OWNER has immediate access will be
provided as requested.
4.7 The OWNER shall establish and update an overall budget for the Project based on
consultations with the Director of Project Management, Office of Management
and Budget and the Consultant, which shall include remediation costs, other
county costs, and reasonable contingencies related to all of these costs.
ARTICLE 'l
INDELVINIFICA TION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, and hold harmless Monroe
County and Monroe County Board of County Comnlissioners, officers, employees,
agents and servants from any and all claims for bodily injury, including death, personal
injury, and property damage, including damage to property owned by Monroe County,
and any other losses, damages, and expenses (including attorney's fees) which arise out
ot~ in connection with, or by reason of services provided by CONS UL T ANT or its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other \vrongful act
or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
employees, servants and agents.
[n the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of Consultant's failure to purchase or maintain the required
insurance, CONSULTANT shall indemnify OWNER from any and all increased
expenses resulting from such delay. Should any claims be asserted against OWNER by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold
the County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the OWNER'S behalf
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT IS
consideration for the indemnification provided for above.
The extent of liability is in no \vay lilnited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
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This indemnification shall survive the expiration or earlier 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:
NA~IE FUNCTION
~M~~
~ 1/' S36, cP)
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their narnes. If they
are replaced CONSULTANT shall notifY COUNTY of the change immediately. All
consultants assigned bv the CONSULTANT to perform any service concerning the
project shall execute the following forms'! original signed forms and licenses shall be
delivered to COUNTY prior to beginning any work on the project:
Lobbying and Contlict of Interest Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Copies of all professional and occupational licenses
ARTICLE VII
COlVlPENSA TION
7.1 CONTRACT SUM
The COUNTY shall pay the CONSULTANT for performance of this Agreement
the sum of $165.340.00 (One Hundred Sixty Five Thousand. Three Hundred
Forty Dollars),. as set forth on page 8 of Exhibit 'loA".
7.2 P A Yl\'IENTS
7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assun1ption and
performances of the duties, obligations and responsibilities set forth herein, the
CONSULTANT shall be paid pursuant to the Florida Prompt Payment Act.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
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this Agreement, cOlnpcnsation due to the CONSULT ANT shall be
equitably adjusted, either upward or downward.
(B) As a condition precedent tor any payment due under this Agreement~ the
CONSULTANT shall submit luonthly, 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 \vhich payment is
sought that the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to alyt'ard 0.( contract. but on~v to the
e.xtent and the amounts authorized b.y Section 112.061, Florida Statutes.
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 1 - September 30) by COUNTY.S Board of
County Commissioners. The budgeted amount may only be modified by an
atlirmative act of the COUNTY'S Board of County Commissioners.
7.4.2 The COUNTY'S performance and obligation to pay under this i\greenlent 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. Professional Liability
Insurance shall also be maintained as specified. In the event 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 rnaintain the required insurance., the
CONSULTANT shall indemnify the COUNTY from any and all 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 do business in the State of Florida and
that has an agent for service of process \vithin the State of Florida. The insurance
certificate shall contain an endorsement providing thirty (30) days notice to the
COUNTY prior to any cancellation of said coverage. Said coverage shall be
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\vritten by an insurer acceptable to the COUNTY and shall be In a fonn
acceptable to the COUNTY.
8.3 CONSU L T ANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $500,000 per Accident, $500,000
Disease, policy limits, $500,000 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
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with Three Hundred
Thousand Dollars ($300,000.00) combined single limit and Three Hundred
Thousand Dollars ($300,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations,
Independent Contractors; Broad Form Property Damage and a Contractual
Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00)
per occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($ 1,000,000.00) annual
aggregate. If the policy is a 'l.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 coverage identified In
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants 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
subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those nalning the COUNTY as an
additional insured. The COUNTY reserves the right to require a certitied
copy of such policies upon request.
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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 \vill not be used in the interpretation of any provision of this
Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUIVIENTS
The documents prepared by the CONSULT ANT for this Project shall become the
property of the COUNTY upon payment in whole and in part of sums due
consultant and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign its right hereunder, except its right to
payment, nor shall it delegate any of its duties hereunder without the written
consent of the COUNTY. Subject to the provisions of the ilnmediately preceding
sentence, each party hereto binds itselt~ 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.
9.5 TE~IINA TION
Either party hereto may terminate this Agreement upon giving seven (7) days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein. The C:OUNTY may terminate
this Agreement without cause upon giving thirty (30) days written notice to the
CONSULTANT. If the COUNTY utilizes this provision, the termination shall
supersede any obligation under paragraph 9.15. Termination expenses shall be
paid and shall include all expenses until date of termination and any additional
services required in order to stop performance of services, subject to audit tor
veri fication.
9.6 CONTRACT DOCUMENTS
This contract consists of the Agreement, the CONSULTANT'S response
(Attached as Exhibit "A") to the Request tor Qualifications for Professional
Services for The Development of Monroe County's American with Disabilities
11
Act Transition Plan, the documents referred to in the Agreenlent as a part of this
A&Tfeement, and attachments. In the event of any contlict between any of the
contract documents, the one imposing the greater burden on the CONSULTANT
\vill control.
9.7 PUBLIC ENTITIES CRIMES
i\ 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 \vith 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 froIn the date
of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement \vill 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 subconsultant has
conlmitted 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 i..public entity crime" regardless of the amount of money involved or whether
CONSULTANT has been placed on the convicted vendor list.
CONSULTANT will 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.
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. Each party to this
Agreement or its authorized representatives shall have reasonable and tiolely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for tour years following the
termination of this Agreement. If an auditor employed by the OWNER or County
Clerk determines that monies paid to CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the CONSU L T ANT
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shall repay the monies together with interest calculated pursuant to Sec. 55.03, of
the Florida Statutes, running trom the date the monies were paid by the
COUNT'{.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, A1~D 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 Monroe County, Florida~ in the
appropriate court or before the appropriate administrative body. The Parties \vaive
their rights to a trial by jury. The COUNTY and CONS UL T ANT agree that, in
the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of the parties, the issue shall be submitted to mediation prior to
the institution of any other administrative or legal proceeding.
9.10 SEVERABILITY
If any term, 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 la\\!" 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 CONSULT ANT 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 and court costs, as an award against the non-
prevailing party, and shall include reasonable attorney's fees and courts costs, in
appellate proceedings. Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance \vith the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County.
9.12 BINDING EFFECT
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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 ~~UTHORITY
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 CLAIl\'IS FOR FEDERAL OR STATE l\ID
CONS UL T ANT and OWNER agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds 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 DISAGREEl\tENTS
OWNER and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions bet\veen representatives of
each of the parties. If no resolution can be agreed upon within 15 days after the
first lneet 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 relief or remedy as may be provided by this Agreement or by Florida
law.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the fonnation, execution, performance, or breach of this
Agreement, OWNER 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 specitically agree
that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and OWNER 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
autolnatically terminates without any further action on the part of any party,
effective the date of the court order. CONSULTANT or OWNER agrees to
14
comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: I)
Title \lJ 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 use 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 use s. 794), which prohibits
discrimination on the basis ofhandicaps~ 4) The Age Discrimination Act of 1975,
as amended (42 use S8. 6101-6107) \vhich 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 (P L 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 use ss. 690dd-3 and 290ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans \vith Disabilities Act of 1990 (42 use s. 1201 Note), as maybe
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 ot~ this Agreement.
9.18 COVENA1l\lT OF NO INTEREST
CONSULTANT and OWNER 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 benetits as recited in this Agreement.
9.19 CODE OF ETHICS
OWNERY 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 or acceptance of gifts; doing business \vith one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PA YlVlENT
The CONSULT ANT and OWNER warrant that., in respect to itself, it has neither
employed nor retained any company or person, other than a bona tide employee
15
\vorking solely tor it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona tide employee \vorking solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting tram 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 Agreelnent \vithout
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 ACCESS.
The CONSULTANT and OWNER shall allow and permit reasonable access to,
and inspection of~ all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the CONSULTANT and OWNER in
connection with this Agreement; and the OWNER shall have the right to
unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
9.22 NON-\VAIVER OF Il\ll\lUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the CONSULT ANT and the COUNTY in this Agreement and the acquisition
of any commercial liability insurance coverage't 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 IlVlMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and reliet: 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 perfomling their
respective functions under this Agreement \vithin the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such
functions and duties of such otlicers, agents, volunteers, or employees outside the
territoriallinlits 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
16
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 COlTNTY, 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 OWNER agree that neither the CONSULTANT nor the
OWNER or any agent, otlicer, 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 apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONS U L T ANT agrees to execute such documents as OWNER 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 \vage rates and other factual unit costs 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
\vas 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 Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any Inember, 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.
9.28 Al\lERICANS \VITH DISABILITIES ACT OF 1990 (ADA).
rfhe Architect will comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the assurance by the
Architect pursuant thereto.
17
9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND
OBLIGATION.
It is the policy of the County that DBE's, as defined in 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 Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The County and its
Architect agree to ensure that DBE's have the opportunity to participate in the
performance of the 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 DBE's have the opportunity to compete and perform contracts.
The County and the Architect and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the a\vard and performance of contracts, entered
pursuant to this Agreement.
9.30 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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year tirst above written.
(SEAL)
At~~NNY L.
s.
Deputy Cler
(Seal) o~I~Y J:lV$~ Daina D Katubi
:- ~ Commission # 0049541'\
AI. tl,est~ oq\ ? Expires February 5, 201t
I B~!-d~Qro~",,,
Title: < ~l~'.\r.
". '.:: (~' ( \ \f F'" ["", A. . T (', <:""
2{4h~-:'~gje~
-.ll"~h ~,~..__.,,~.
BOARD OF COUNTY
COMISSIONERS OF
By: MONROE CO~
MaYO~ ..:.-:i:? ~
, :e:
...,.,
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rr,
o
-"
(:)
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CONSULTANT
........
~
~ ~~_., ::<:-,;;--,,"::
{".... ~~
By: _ _ _/!-:":-,;;
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Title: ~.t?E:N-r--
Date: If, Z4 ' 0 tj
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itS <J
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END OF AGREEl\'1ENT SECTION FIVE
18
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance ReQuirement
Reauired Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$ 500,000/$ 500,000/$ 500,000
General Liability
$500,000 Combined Single Limit
Vehicle Liability
$300,000 Combined Single Limit per
Occurrence/$300,000 Aggregate
Professional Liability
$500,000 per occurrence/ $1,000,000
Aggregate
IDEMNIFICA TION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
property owned by Monroe County, and any other losses, damages, and expenses of any
kind, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Consultant or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the Consultant, including its Subcontractor(s) in any tier, their officers,
employees, servants or agents.
In the event that 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 any and all increased
expenses resulting from such delay. 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 Consultant shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Consultant is consideration 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.
19
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
../'..' .- ,// I
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.... .C..v..o-.,
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t. " . .' .. 1./ ~. ~
.#;=-::--_. .-. .//.~
I~'~' I ~. · .~~;:~
Sigfiature
Respondent
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are ~Occurrence
Claims Mare
~f\~~' uJ \A;~L
Signature
Insurance Agency
Print Name: Leiqh W. McCreary
eM' INTERNATIONAL, INC.
University Place
5220 So. University Dr., Suite 203
Davie. Florida 33328
20
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GA TO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
1, 2 & 3
I have included:
o The Response Form~ x
o Lobbying and Conflict of Interest Clause _
o Non-Collusion Affidavit x
o Drug Free Workplace Form ~ x
o Respondent's Insurance and Indemnification Statement_
o Insurance Agent's Statement ~
o Professional and Occupational Licenses
x
I have included a current copy of the following professional and occupational licenses:
STATE OF FLORIDA FOR BERT BENDER AROOII082, BENDER & ASSOCIATES ARCHITECTS AAC002022
MONROE COUNTY AND CITY OF KEY WEST OCCUPATIONAL LICENSES
(Check mark items above. as a reminder that thev are included.)
410 ANGELA STREET, KEY WEST, FL 33040
Mailing Address:
Telephone:
305-296-1347
Fax:
305-296-2727
l~b~
Witnes~0)~
Date:
Signed:
BERT BENDER
(S eal)
(Name)
PRESIDENT
(Title)
21
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"
BENDER & ASSOCIATES ARCHITECTS, P.A
"
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
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.
D 10-1990. 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" .
(~b
Date:
11/24/09
FLORIDA
STATE OF:
COUNTY OF:
MONROE
Subscribed and sworn to (or affirmed) before me on
THE 24TH DAY OF NOVEMBER 2009
(date) by
personally known to me ()if~f0EJti(!~(t
as identification. (type of identification)
BERT BENDER
(name of affiant). HeTSfte is
~ttY Pv. D. ~~LC::/). U~-
~o"\:f~ alna 0 Katubf NOT RY P B I /
:, ; Co~mi55;on # 0049541'~ A U L C
'*~ o~Q ExpIres February 5, 201 c:
OF ~ Bonded Trov Fain Insurance /"" 800-~o 7' M " .
, ..~ ,=5-,1'. Y COmmISSIOn expIres:
22
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
th at:
BENDER & ASSOCIATES ARCHITECTS, P.A.
(Name of Business)
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.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
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 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 requirements.
krk~
, Respondent's Signature
11-24-09
Date
23
NON-COLLUSION AFFIDAVIT
BERT BENDER
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
KEY WEST
PRESIDENT
1. lam
of the firm of
BENDER & ASSOCIATES ARCHITECTS, P.A.
the bidder making the Proposal for the project described in the Request for
Qualifications for: THE DEVELOPMENT OF MONROE COUNTY'S
AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in 's affidavit' awarding contracts for said project.
11/24/09
(Date)
STATE OF:
FLORIDA
COUNTY OF:
MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed
his;fi~f signature in the space provided above on this 24TH day of NOVEMBER
BERT BENDER
20 09
~ G. iId-
..
NOTARY PUBLIC
My Commission Expires:
24
If'~y Pv D'
~o"\:E~/ alna 0 Katubi
; ~ Commission # DD49~4 l'
~~. . o~Q"<. Expires February 5, 201'
OF ~ Bonded Troy Fain Insurance !nc 800-385- 7:, < .
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Engineer/Consultant covenants and agrees to indemnify, hold harmless and
defend Monroe County, its commissioners, officers, employees, agents and servants from
any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor( s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer/Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer/Consultant, the
Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf
The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer/Consultant
is consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
f$?
----
25
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are ~ Occurrence
Claims Mle
. J J0J~ ~0 V~l{ --
SIgnature
Insurance Agency
Print Name: Leiqh W. McCreary
CMIINTERNATIONAL, INC.
University Place
5220 So. University Dr., Suite 203
Davie, Florida 33328
26
November 30, 2009
Mr. Jerry Barnett
Monroe County Construction Mgnt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
Re: Monroe County ADA Transition Plan
Dear Jerry:
Below is the attachment to the ADA Transition Plan that was requested.
Monroe County ADA Transition Plan
For this contract All Professional Personnel
Bender & Associates Architects' Personnel
Bert L. Bender $165/hr
David Salay $165/hr
Haven Burkee $165/hr
Support Staff $ 50/hr
Daina Katubi
Suzanne Maywalt
ACS Professional Personnel will be billed at $1 65/hr.
Eric Contreras - Project Manager ACS
ACS Support Staff @ $50/hr.
Please call if you have any questions.
k~
Bert L. Bender, Architect
BLB:swm
410 AngeLI Street
Key WesT. Florida 5.1040
TeI~p"olle (:)05) 296-15'17
r a c :\ j III i Ie (.H)~) 2 q () - 2 ! ~ -;-
F'!indo li(c}!)l' ,-LU:OO]/)_! ~
\\ \', ,\' I) c r d (, r ". C ; 1 j , {' {' I -.: C Of '1
AC# 4 2 6 3 7 71
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN
SEQ# L09021300418
: · LICENSE NBR
02/13 2009 080363344 AAC002022
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provisions of Chapter 481 FS.
Expiration date: FEB 28, 2011
BENDER & ASSOCIATES ARCHITECTS,PA
410 ANGELA ST
KEY WEST FL 33040
CHARLIE CRIST
GOVERNOR
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY ,
---.-----------.-------------------------------------.-_._.J
Jt r'. ,.... ') .f' r' 6
AC# L+ ~ 0 j 0 0
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ#L09021300313
LICENSE NBR
02/13/2009 080363344 AROOI1082
The ARCHITECT
Named below IS LICENSED
Under the provisions of Chapter 481 FS.
Expiration date: FEB 28, 2011
BENDER, BERT LESLIE
410 ANGELA ST
KEY WEST FL 33040
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.o. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702
410 ANGELA ST
10-00009562 SERVICE - PROFESSIONAL
September 25, 2009 Expiration Date:September 30, 2010
$309.75
$0.00
$0.00
$309.75
ARCHITECT
This document must be prominently displayed.
BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS
410 ANGELA ST
Oo~r: KEY~BLD Tvpe: QC 5rawer: 1
Date; 9/~5/09 54 RecP10t n0' 1 f6~~7
2010 9562' - - ~ ~ "v l .. 'l..L.. i
OR LIe OCCUPATIONAL 1 $309. 75
Trans nUlbet': ;~394800
CK CHECK 9402 $209.75
KEY WEST FL 33040
2009 / 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
RECEIPT# 46110-63601
Business Name: BENDER & ASSOCIATES ARCHITECTS PA
Owner Name: BERT BENDER
Mailing Address:410 ANGELA ST
KEY WEST, FL 33040
Business Location: 410 ANGELA ST
KEY WEST, FL 33040
Business Phone: 305- 296-1347
Business Type: PROFESSIONALS
(ARCHITECT #AR0011082)
Rooms
Seats Employees Machines Stalls
STATE UCENS~: AR0011082 EX 2/09
For Vending Business Only
Vendin
Prior Years
$0.00
PAID-117-08-00003789
08/04/2009 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
EXHIBIT A
September 23, 2009
Revised October 29, 2009
/1 {' i 1 {It' r C',. J J.,.' () ( i d I [' S
Mr. Jerry Barnett
Monroe County Construction Mgmt.
The Historic Gata Cigar Factory
1100 Simonton Street
Key West, FL 33040
Re: Monroe County ADA Transition Plan
Dear Jerry:
We are pleased to provide you with this fee proposal for the Monroe County ADA Transition Plan. At our
meeting on August 27, 2009, Bender & Associates and our ADA Consultant, ACS (ADAAG Consulting
Services) were asked to provide all items necessary for a complete transition plan since Monroe County's
current staffing levels do not allow for County personnel to assemble and provide all of the required
documents. At our meeting on October 27th you requested that we reduce our fees. The following
reflects our discussion. Our breakdown of time required is based on: Section One, Instruction to
Respondents, 1.01 Description; as written in the RFQ, modified per our meeting, and our review of 6
volumes of Self Evaluation and ADA Assessments of County Facilities.
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The Respondent awarded a contract shall provide Professional Services for The Development of Monroe
County's Americans with Disabilities Act Transition Plan. The contract will provide a Transition Plan as
required by the Americans with Disabilities Act (ADA), Title TI and all Federal, State codes and local
ordnances to ensure access by persons with disabilities to the programs, activities, and services provided by
Monroe County.
Professional services shall include, but will not be limited to:
1) Full review of the Monroe County Policies and Procedures, Monroe County's Self- Evaluation dated
August 2006, and the ADA Assessment Survey and Evaluation of
Facilities, sites, roadways, parks and beaches completed May 2009 to develop, prepare and complete
the ADA Transition Plan for Monroe County in full compliance with the mandates of Title TI and in
adherence to the current ADA Codes.
.) () \:lgela SifL'l"1
Ke~ ~t)st. Florida -;)010
r ell' p h () 11 e L~ 0 -;) 20 () - I ).1 7
F ;t <: s j f nil e (-) 0 S) 2 <) 6. .!"7 l "7
F!urulal.icense .1.1 (,'()f)20.!:.!
\\ w \\ B l" f1 de r \ r r h if e c t S C tl r n
Mr. Jerry Barnett
Septernber23,2009
Revised October 29, 2009
Page 20f9
2) The transition plan should outline the repairs, adjustments and modifications Monroe County must
undertake to comply with Title /I of the ADA that mandates that programs, services, and activities
provided by government agencies be offered equally to people with disabilities. The plan shall contain
at a minimum but not be limited to:
A) Identification of barriers: A list of the physical barriers in Monroe County facilities, sites,
roadways, parks and beaches that limit the accessibility of its
programs, activities, or services to individuals with disabilities; as identified in the May 2009
ADA Survey
B) Removal of barriers: A detailed outline o/the methods to be utilized to
remove these barriers and make the facilities accessible in written and graphic form;
C) Estimated budget costs and proposed funding sources for the correction of
and removal of barriers.
0) Time frame for the removal and corrections shall be based on a five-year
capital expenditure plan and shall include but not be limited to: prioritization of items; the
schedule for taking the necessary steps to achieve compliance with title /I and/or current ADA
codes. If the time period for achieving compliance is
longer than one year, the plan should identify the interim steps that will be taken during each
year of the transition period.
E) Identify the Monroe County official responsible for the plan's implementation.
3) Develop a database contained in Microsoft Access format for use by Monroe County
in implementing the Transition Plan.
4) Provide two originals of the Transition Plan, and one electronic version in PDF file
format
5) The Contract with the successful Respondent shall include, at no additional cost to the
County, appearances at public hearings, and public meetings before the Board of
County Commissioners.
6) Any other requirements as provided for in contract documents, State and Federal
laws.
We will be utilizing two documents previously produced for Monroe County: The Self Evaluation, and the
ADA Assessment. Obviously, we cannot accept responsibility or liability for omissions and/or deficiencies
in those documents. We have conducted a cursory review of the documents and have determined that
there are items that will require some verification. By way of example, where a ~anding exceeds a 2%
slope, the notes do not identify by how much it exceeds that slope or where. A 2.5% over half the landing
might be an acceptable tolerance where a 6% slope might be a high priority
Mr. Jerry Barnett
September 23, 2009
Revised October 29,2009
Page 3 of 9
correction. Additionally, some of these items are noted as out of compliance, but the area is not noted,
and without knowing the size of an element, we can not estimate costs. As another example, there are
places where a note says: "bathroom non-compliant", but no explanation of what the non compliance is.
It could be as simple as lowering a mirror two inches or as complex as inadequate clearances, undersized
doors, and non-compliant fixtures. We have attached an accessibility evaluation page from your
assessment as an example of a facility that requires field verification due to insufficient detail. The Key
largo Animal shelter is one sample of one of the smallest facilities where the report is not detailed
enough. For example the report indicates that all of the doors in the facility have knob hardware, but it
does not indicate how many there are, making it impossible to quantify and provide a cost. It also
indicates that the dog wash room is not accessible, but it does not indicate why or what is not accessible
about the room. The last item indicates that the restroom in the facility is "not accessible in any way" and
recommends rebuilding in accordance with 2007 FBe. It is our opinion that this would imply a re-survey to
determine quantities, the exact conditions, location of the water closet, height of the water closet, if there
is a 60" turnaround space, conditions of the lavatory, doors, etc. to provide recommendations and a
budget to mitigate the barriers.
Our September 23'd proposal included an allowance to re-survey those areas that are not thoroughly
detailed in their descriptions. We agreed on October 27th that those additional services would be deleted
and when calculating construction costs for budget purposes, we will assume a (tworst case" scenario for
construction cost estimating purposes. We will advise you of any areas that still require a re-survey and
you will conduct that field work with Monroe County personnel. A detailed description of tasks required
to comply with 1.01 above follows:
Monroe County ADA Transition Plan DeveloDment
Information required from the County (Consultants will obtain all documents from County personnel and
contact appropriate parties from a list of contacts provided by the County):
· Copy of all Policies and Procedures
· ADA Coordinator, grievance procedure, policies for effective communication, reasonable
accommodation, reasonable modifications, assistance animal policies, web protocols, etc.
· list all complaints regarding access to programs services or activities.
· List of all programs, services, or activities.
· list of Historic Preservation programs and/or areas
· List of all County Departments/personnel involved in the remediation process, such as Public
Works, Parks and Recreation, ADA Coordinators, etc.
· Monroe County's Self Evaluation dated August 2006
· ADA Assessment Survey and Evaluation of facilities, sites, roadways, parks and beaches -May
2009.
Mr. Jerry Barnett
September 23, 2009
Revised October 29,2009
Page 4 of 9
· If possible need original data in excel, word, or access rather than PDF document.
· What is the estimated budget allocated for each year of the 5 year plan?
· Provide all information on proposed Capital Improvement Projects, road re-surfacing, sidewalks,
park or downtown area enhancements, etc.
· Are there currently training modules for employees and/or contractors?
Proposal will have 2 components,
1. Modifications of policies and procedures
Review documents and propose policies and procedures that achieve accessibility in the
integrated setting appropriate (ACS - 4 weeks).
2. Structural modifications to facilities (Physical changes for new construction, alterations and
program access for existing facilities) - ADA Transition plan (B & A, ACS ... 5 months)
Tasks for this process:
1. Analyze data gathered regarding programs, services and activities:
· Monroe County's Self Evaluation dated August 2006
· ADA Assessment Survey and Evaluation of facilities, sites, roadways, parks and beaches - May
2009.
· Policies and Procedures
2. Prioritize based on Title II Section 35.150
Comply with Section 504, Title II, ADA, UFAS, ADA/ABA Guidelines, FBe and Florida Statutes.
2.1. Within streets, roads or walkways giving priority to walkways serving entities covered by the Act,
including State and local government offices and facilities sand transportation, places of public
accommodation and employers, followed by walkways serving other areas such as routes used by
residents with disabilities.
2.2 Within each facility prioritize based on DOJ's guidelines:
a. Provide access to facilities
b. Provide access to areas of facilities
c. Provide access to restroom facilities
d. Provide access to goods and services
2.3 Prioritize in General
- Prioritize based on needs assessment, proactive, upon request, through new construction,
incorporated into alterations, program access for existing facilities and compliance for historic
preservation programs.
- Providing reassignment of services to accessible buildings, assignment of
facilities and construction of new facilities, use of accessible rolling stock or other
conveyances, or any other methods that will make services, programs and activities accessible
to and usable by persons with disabilities.
Mr. Jerry Barnett
September 23, 2009
Revised October 29, 2009
Page 5 of 9
- Prioritize according to life-safety, risk management, capital improvement projects, road re-
surfacing, park enhancements, etc.
- Prioritize based on construction tolerance, equivalent facilitation, usability,
undue financial and administrative burden, structural impracticability, technical
infeasibility, and site constraints.
- Prioritize based on budget versus time. What can be achieved per priority for
each fiscal year?
3. Develop ADA Transition Plan
A. Identification of barriers (Based solely on -Monroe County's Self Evaluation dated August 2006
ADA Assessment Survey and Evaluation of facilities, sites, roadways, parks and beaches-
May 2009) The benefit is that there is not a need for much on-site inspections other than
to gather data for architectural design and/or to verify if the current information is
accurate (Le. in the sample presented as part of the RF(t the Observation it is technically
infeasible to redo the parking). This would be additional time for inspections.
B. Removal of barriers. The RFQ requires barrier removal methods in "written and
graphic" form. ACS can provide written proposal and ADA figures of how to mitigate each one of
the barriers. Bender & Associates can provide construction documents for the remedial work (This
option implies a need for an additional survey to determine exact dimensions for architectural
design). The sample provided in the RFQ indicated a note to reconfigure the accessible parking
sign in accordance with FACBC 11-4.6.4 but did not indicate if the signage was deficient (it might
be necessary to verify the observation).
c. Estimated budget. ACS has a database of typical cost associated with remedial work for barrier
removal. Barriers implying architectural design will be priced out by Bender & Associates.
Alternative methods can be provided through reassignment of services, assignment of facilities
and construction of new facilities, use of accessible rolling stock or other conveyances, or any
other methods that will make services, programs and activities accessible to and usable by
persons with disabilities. Each solution must be evaluated on a case by case basis to determine
feasibility and cost (Joint solution including the county). In determining the funding source, there
are Federal-aid programs that can be suggested, but the county should participate in determining
funding available for the accessibility improvements. If the remedial work can be done with in-
house personnel, through policies and procedures and/or combined with on-going or proposed
projects, the burden on the county can be reduced as it is more cost effective to incorporate
accessibility into new projects as opposed to retrofit existing facilities. The ultimate goal is to
achieve the greatest level of accessibility with the resources available.
Mr. Jerry Barnett
September 23, 2009
Revised October 29, 2009
Page 6 of 9
D. Time frame for removal will be determined based on the priorities listed above but within the 5
year plan established by the county. A schedule will be established setting physical and financial
milestones within the 5 years to monitor compliance with the plan.
E. Identifying the Monroe county Official will be a joint responsibility in assigning the corresponding
department in charge of performing the remedial work. It will be necessary to establishing the
responsibilities of each Department to determining the official responsible of the remedial work.
4. Create the Database to be used by Monroe County.
ACS has in-house software, IT capability to provide a format manageable by the County in Microsoft
Access per their requirements. The fee proposal has two options, one includes Microsoft Access as
requested and one that provides the data base in Excel at a reduced fee.
s. Public hearings.
As requested on October 27th, we will not attend any public hearings. It would be convenient to
establish communication with advocacy groups to receive feedback regarding needs assessment for
accessible services, priorities, problems, and recommendations. That being said, it is necessary to
open meetings from the beginning, updating on yearly basis and at close-out. During these meeting it
will be important to address status update, monitoring the compliance with the schedule, and quality
contraIl quality assurance of protocols and procedures implemented (County participation only).
We have estimated our fees based on the time required to complete all of the above tasks. Each item
identified in the RFQ Scope of Work is listed separately. Item Number 6, "Any Other Requirements", has
no time assigned because all ADA transition plan requirements are addressed in Numbers 1 through 5.
Item Number 7: Resurvey Areas, has been deleted, as to consultant time. As discussed, we will estimate
construction costs based on the current information. Where insufficient data exists, we will assume a
"worst case" scenario. Where a re-survey is required, Monroe County personnel will conduct that work.
As stated earlier, we simply can not accurately estimate that time. The following tables break down our
time on an item by item basis.
Mr. Jerry Barnett
September 23, 2009
Revised October 29, 2009
Page 7 of 9
Monroe County ADA Transition Plan Development Proposal
Task Description per Scope of Time Hourly Rate B&A ACS Total x Task
Work 1.01 (h rs)
Gathering information
0 required from Monroe 0 $0.00 0% 0% $0.00
County (NIC)
I Review of policies &
procedures, Self.. 120 $165.00 30% 70% $19,800.00
evaluation & ADA
1 Assessment
Transition Plan (Task 2.a ..
2 2.e) 876
Identification of barriers - $165.00 30% 70% $52,800.00
2.a prioritized list 320
Removal of barriers - $165.00 50% 50% $49,500.00
2.b methods 300
2.e Budget cost 160 $165.00 70% 30% $26,400.00
Time frame for removal $165.00 30% 70% $13,200.00
2.d (schedule) 80
Monroe County official $165.00 30% 70% $2,640.00
2.e responsible 16
Develop database in $165.00 10% 90% $7,425.00
3 Microsoft Access 45
4 Provide two originals 20 $50.00 10% 90% $11000.00
5 Public hearings 0 $0.00 50% 50% $0.00
Any other requirements 0 $0.00 0% 0% $0.00
6 in contract documents
Total Anticipated Basic
Services 1061 $172,765.00
Re-survey areas
(Additional service billed 0 $0.00 0% 0% $0.00
7 hourly, max.)(NIC)
Reimbursable (IRS
Standard Mileage rate 0 $0.00 50% 50% $0.00
8 per current year)
Mr. Jerry Barnett
September 23, 2009
Revised October 29, 2009
Page 8 of 9
I
, Monroe County ADA Transition Plan Development Proposal
I
Description per Scope of Time Hourly Rate B&A ACS Total x Task
Task Work 1.01 (hrs)
Gathering information
0 required from Monroe 0 $0.00 0% 0% $0.00
County (NIC)
Review of policies &
procedures, Self.. 120 $165.00 30% 70% $19,800.00
evaluation & ADA
1 Assessment
Transition Plan (Task 2.a ..
2 2.e) 876
Identification of barriers - $165.00 30% 70% $52,800.00
2.a prioritized list 320
Removal of barriers - $165.00 50% 50% $49,500.00
2.b methods 300
2.c Budget cost 160 $165.00 70% 30% $26,400.00
Time frame for removal $165.00 30% 70% $13,200.00
2.d (schedule) 80
Monroe County official $165.00 30% 70% $2,640.00
2.e responsible 16
Develop database in $0.00 10% 90% $0.00
3 Excel (No charge) 0
4 Provide two originals 20 $50.00 10% 90% $1,000.00
5 Public hearings 0 $0.00 50% 50% $0.00
Any other requirements 0 $0.00 0% 0% $0.00
6 in contract documents
Total Anticipated Basic
Services 1016 $165,340.00
Re-surveyareas
(Additional service billed 0 $0.00 0% 0% $0.00
7 hourly, max.)(NIC)
Reimbursable (IRS
Standard Mileage rate 0 $0.00 50% 50% $ 0.00
8 per current year)
Mr. Jerry Barnett
September 23, 2009
Revised October 29,2009
Page 9 of 9
We propose to absorb all reimbursable expenses as included in our fee. This offer is based on the fact that
we wilt not need to re-survey any sites.
We propose to provide the basic services, Items 1 through 6, for a lump sum fee of $172,765.00 if the
data base is provided in Microsoft Access or $165,340.00 if the data base is provided in Excel.
Please call if you have any questions. I look forward to working with you.
Sincerely,
~&~. -----.
Bert l. Bender, Architect
BlB:swm
Attachment: MBI/K2M Architectural, Inc.
Monroe County Accessibility Evaluation