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05/19/2010 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: July 29, 2010 TO: Elizabeth Wood, Senior Administrator Sewer Projects /1 Pamela G. HancJE..~' ~ FROM: At the May 19, 2010, Board of County Commissioner's meeting, the Board granted approval and authorized execution of a Professional Services Contract in the amount of $4,750 with Meridiem Community Services Group, Inc. for the preparation and submittal of the FFY 2009 and FFY 2010 Small Cities Community Block Development Grant (CDBG) application based on the Monroe County Purchasing Policy sole source exemption. 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 Small Cities Community Block Development Grant FFY 2009 and FFY 2010 Grant Application Services This Agreement (-Agreemenr) made and entered into this 19 day of May, 2010 by and between Monroe County, a political subdMsIon 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 ("BOCCi, AND Meridian Community Services Group, Inc. a corporation of the State of Florida, whose address Is P.O. Box 13408, Tallahassee, FL 32317 Its successors and assigns, hereinafter referred to as .CONSUL T ANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Grant AppHcatlon Services; and WHEREAS, CONSUlTANT has agreed to provide professional services which shall Include but not be limited to preparing the Small Cities Community Development Block Grant application, Identifying actions required by County prior to application submittal, recommending actions necessary for preparation of the most competitive application, and making presentations at required public meetings, which services shall collectively be referred to as the 'he Projecr; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration. the sufficiency of which Is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARnCLE 1 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 shaH maintain aN necessary lcenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become famiHar with the Scope of Work and information ,sources avalable to complete the work. 1.1.3 'The CONSULTANT shaH prepare al documentation required by this Agreement in such a manner that they shaH be accurate, coordinated and adequate for use in the Project and shan be In conformity and comply with all applicable law, codes and regulations. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent with professional skUI and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by aI statutes, ordinances, rules and, regulations pertaining to, or regul8ting the provisions of such services, Including those now In effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shaH constitute a material breach of this agreement and shall entitle the Board to terminate thJs contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT Is an Independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained In this agreement shall be construed 80 as to find the CONSULTANT or any of hlslher employees, contractors, servants. or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSUlTANT shall not discrtmlnate against any person on the basis of 2.3 NOnCE REQUIREMENT All written correspondence to the COUNTY shan be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be In writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mall, return receipt requested, to the foIfowing: Roman Gastesi Monroe County Administrator -1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: EHzabeth A. Wood Monroe County Senior Administrator, Sewer Projects 1100 Simonton S1reet, Room 2-216 Key West, Florida 33040 For the Consultant Usa A. BlaIr Meridian Community Services Group, Inc. P.O.Box 13408 Tallahassee, FL 32317 ARTICLE III AOOmONAL SERVICES 3.1 The services described in this ArtIcle III are not Included in the Basic Scope of Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Scope of Services but only If approved for by the COUNTY before commencement, and are as follows: A. Providing any other services not otherwise Included In this Agreement. B. Providing any other services not otherwise Included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. 3.2 If Additional Services not otherwise Included In this Agreement, are required, such as those listed above, the COUNTY shall Issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the Consultant proceed with the Additional Services. ~ COUt'TY'S RESPONSIBIUTlES 4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or Its representative shaJI render decisions In a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay In the orderly and sequential progress of the CONSULTANT'S services. 4.2 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect In the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served If sent pursuant to paragraph 2.3. 4.3 The COUNTY shan furnish the required Information and services and shaU render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.4 The COUNTY's review of any documents prepared by the CONSULTANT or Its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and If, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product 4.5 The COUNTY shall provide copies of necessary documents required to complete the work. 4.6 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFlCATlQN AND HOLD HARMLESS The CONSULTANT covenants and agrees to Indemnify, hold harmless and defend COUNTY, Its commissioners, 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 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 CONSULTANT or Its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, Its Subcontractor(s) in any tier, their officers, employees, servants and 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 shalllndernnlfy COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue 01 any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shan 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 01 IlablUty is In no way Hmfted 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. 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 IndMduals will perform those functions as Indicated: NAME FUNCTION Usa Blair President/CEO CraMn Knowles Vice President So long as the Individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions Indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change Immediately. ARTICLE VII COMPENSAnON 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT In current funds for the CONSULTANT'S performance of this Agreement based on rates and schedule negotiated and agreed upon and shown In Attachment B. 7.1.2 Rates shown in attachment B are inclusive of reimbursable expenses 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obtigations 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 this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit, unless otherwise agreed In writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT'S Invoice shaD describe with reasonable particularity the service rendered. The CONSULTANT'S Invoice shalt be accompanied by such documentation or data In support of expenses for which payment Is sought at the COUNTY may require. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY Is not ()b1igated to pay, any fees or expenses in excess of the amount budgeted for this r.ontract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is c:ontlngent 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 shaH obtain insurance as specifled and maintain the required Insurance at all times that this Agreement is In effect. 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 maintain the required Insurance, the CONSULTANT shall indemnify the COUNTY from any and aU increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that Is licensed to business In the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall con1ain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an Insurer acceptable to the COUNTY and shall be In a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation Insurance as required by the State of Aorlda, sufficient to respond to Florida Statute 440. B. Employers Uability Insurance with limits of $100.000 per Accident. $500.000 Disease. policy limits. $100,000 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 One Hundred Thousand ($100.000) per occurrence and combined single limit. IJ. Commercial general liability. Including Personal Injury Uablllty, 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, Products and Completed Operations. Independent Contractors; Broad Form Property Damage and a Blanket Contractual Uabllity Endorsement with Three Hundred Thousand ($300.000.00) per occurrence and combined single limit. An Occurrence Form policy Is preferred. If coverage is changed to or provided on a Claims Made policy. Its provisions should include coverage for claims flied on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 ' months fonowlng the termination or expiration of this contract. E:. Professional liability insurance of Two Hundred and Fifty Thousand ($250.000.00) per occurrence and FIve Hundred Thousand Dollars ($500.000.00) annual aggregate. If the policy is a .c1aims made" policy. CONSULTANT shall maintain coverage or purchase a "tail. to cover claims made after completion of the project to cover the statutory time limits In Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. 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 certiflcates of insurance or a copy of all Insurance policies including those naming the COUNTY as an additional Insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a CertIfIcate of Insurance win be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 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 sectlon headings are not a part of this Agreement and will not be used In the Interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents and deliverables prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shaH not assign or subcontract its obHgations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shaH be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the Immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors. assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights In favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by gMng the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS 'This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX) and attactvnents AIB and modifications made after execution by written amendment In the event of any confRct between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBUC ENTmES CRIMES A person or affiliate who has been pfaced on the convicted vendor list foHowing a conviction for pubHc 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 pubHc 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 pubHc entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017 of the AorIda Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement win not violate the Publlc entity Crimes Act (Section 287.133, Aorlda Statutes). Violation of this section shaH 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 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 .publlc entity crime- regardless of the amount of money Involved or whether CONUSUL TANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY If It or any subcontractor or subconsultant Is fonnally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement In accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with Interest calcufated pursuant to Sec. 55.03, of the Rorida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Aorlda 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 aha. lie in the 16'" Judicial Circuit, Monroe County, Ronda, In the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be In accordance with the Florida Rules of CIvIl Procedure and usual and customary procedures required by the circuit court of Monroe County. 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 vaRd and shaH be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original Intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the Intent of the strfcken 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 prevaHing 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 appeUate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shaH 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 DISAGREEMENTS COUNTY and CONSULTANT agree that an disputes and disagreements shaH be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet 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 stiR not resolved to the satisfaction of the parties, then any party shan have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is Instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent 'required by the other party, In all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shaH be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there wHI be no discrimination against any person, and it Is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and al local ordinances, as applicable, relating to nondiscrimination. These Incfude 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 SSe 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 use ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treament Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and AIcohoIsm Prevention, Treatment and Rehablltatlon Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of aIc:ohoI abuse or alcoholism; 7) The Public Health Service Act of 1912, 88. 523 and 527 (42 use 88. 690dd-3 and 2908e-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the CMI Rights Ad:. of 1968 (42 use 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, cofor, sex, religion, national origin, ancestry, sexual orientation. gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSUlTANT and COUNTY covenant that neither presently has any Interest, and shall not acquire any Interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited In this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as deliheated In Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain Information. 9.20 NO SOUCITAnON/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 Agreement and that it has not paid or agreed to pay any person, company, corporation, IndMdual, or firm, other than a bona fide employee working solely for It, any fee, commission, percentage, gtft, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at Its discretion, to offset from monies owed, or otherwise recover, the fuft amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS The CONSULTANT and COUNTY 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 COUNTY in connection with this Agreement; and the COUNTY shall have the right to unHateraly cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY In this Agreement and the acquisition of any commercial IiabHity 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 shaft any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRMLEGES AND IMMUNITIES All of the privileges and Immunities from liability, exemptions from laws, ordinances, and rufes and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial Omits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILmES Non-Delegation of Constitutional or Statutory Duties. This Agreement Is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular Individual or group of indivlduals, entity or entities, have entiUements 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 CONSUlTANT agrees to execute such documents as COUNTY may reasonably require, including a PubHc Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement Signature of this Agreement by CONSULTANT shaD 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 Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to Inaccurate, Incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL UABIUTV No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County In his or her Individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement 9.28 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 first above written. ~,;;'~k, ;.,,'-J . ~/ ;:::~ '> ~.-!' "'-h~\ 18 -~--.. C '.. ~ ~.]u ~. (SEAL) ~ OARD OF COUNTY , OMMISSIONERS F MONROE COUNTY, FLORIDA By. ~~ May airma:n Deputy Clerk Date: MAY 1 9 20m (Seal) Attest: BY:J?J.W CONSU~!ANT " By.~Q~ Title: l, 6\c\en\ I ([U Title:..Q,tfl c e (OC>y ct, ,,~~. END OF AGREEMENT C) 0 LLJ _J 0::: Lf) (..,9 , 0 .. ,. \-..:: . - "'"",....- , u C) w ::c _.+- -_.- c:: cz: ....... c:: ".-...... ( 0"\ 0 N u- -J 0 => -- w ~ C) - -l c:l:) ~. .. '''';'. f :.) - c::::> C::l ......,~. u- ~ .L... APPENDIX A The Consultant wll be responsible for preparing and submitting the FYY09 FYYl0 Small Cities Community Development Block Grant application and supporting formS/documentation to DCA; developing a Housing Assistance Plan: Identifying actions required by County prior to application submittal (i.e. community participation hearings); recommending actions necessary for preparation of the most competitive application, and making presentations at required pubnc meetings. APPENDIX B The fixed fee price for the project is $4.500. Payment schedule Is 50% after presentation and second hearing and 50% upon notice from DCA that a complete application has been received. ~ COR CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDNYVV) OP 10 BD 07/06/10 - Ml!:RJ:O-7 PRODUCER 6NLY AND CONFERS NO RIGH~~ ~POt{rHE c?~RTiFICATE Earl Bacon Agen~~, Inc 3131 Lonnbladh Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee r.L 32317 Phone: 850-878-2121 Fax:850-878-2128 INSURERS AFFORDING COVERAGE NAIC#- INSURED INSURER A Old Oaminion Insurance Co 40231 INSURER B: Florida Retail Federation Meridian Community Services INSURER C: Sc:ott.clale In.urance C"""any Group P.O. Box 13408 INSURER D: Tallahassee r.L 32317 I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lTR NSRI TYPE OF INSURANCE POliCY NUMBER DATErCMMlDD 16XW,"'iMMlDD1YYYYI liMITS GENERAllIABR.1lY EACH OCCURRENCE $ 1,000,000 - A X COMMERCI.I\l GENER.I\lllABllITY BPG5491A OS/20/10 OS/20/11 PREMIsEs (Ea occurence) $50,000 r-- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 r-- PERSON.l\l & ADV INJURY $1,000,000 X Hired/Non-owned A GENER.I\l AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 n np~,o- n I!:mp Ben. 50,000 POLICY JECT LOC AUTOMOBilE LIABILITY COMBINED SINGLE LIMIT r--- (Ea accident) $ ANY AUTO r--- .I\lL OWNED AUTOS BODIL Y INJURY r-- (Per person) $ SCHEDULED AUTOS r-- ~ HIRED AUTOS BODILY INJURY r-- (Per accident) $ NON-OWNED AUTOS - ~~ - PROPERTY DAMAGE $ (Per accident) GARAGE llASllllY ~ l/~l'\V AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO /' ~ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA 1.lABllllY EACH OCCURRENCE $ o OCCUR C] CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION ~; $ WOltKERS COMPENSATION ITORY LIMITS I IVER AND EMPLOYERS' llABllllY Y/N B ANY PROPRIETORIPARThERlEXECUTIVE 0 052038879 OS/26/10 OS/26/11 EL EACH ACCIDENT $ 100,000 OFFICERlMEMBER EXClUDED? (Mondatory In NH) EL DISEASE - EA EMPLOYEE $100,000 If yes. describe under $ 500,000 SPECI.I\l PROVISIONS below EL DISEASE - POLICY LIMIT OlliER C Professional Liab EKS3000894 02/03/10 02/03/11 Prof Liab 5,000,000 Retention 25,000 DESCRIPTION OF OPERATIONS I LCICATlONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS *10 days notice of cancellation for non-pay applies to all policies. Certificate holder is added as Additional Insured with respects to General Liabili ty . CERTIFICATE HOLDER CANCELLATION Monroe County 1100 S~nton street West r.L 33040 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MOCOKl!:2 DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAlL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NIlMED TO THE LEFT, BUT FAIlURE TO DO SO SHAll IMPOSE NO OBLIGATION OR LIABIlIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH D REP SENTA ORPORATION. All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01)