HomeMy WebLinkAboutJ. Growth ManagementBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2010
Bulk Item: Yes X No
Division: Growth Manama
Department: Planninu
Staff Contact Person/Phone #: Christine Hurley
Phone 289-2517
AGENDA ITEM WORDING: Approval of second to the agreement for professional services
agreement with Keith and Schnars, F.A., amending Master Schedule Attachment "B" that specifies the
work program timeline and deliverable schedule to provide for specific payment procedures for on-
going monthly tasks including website update and monthly reports.
ITEM BACKGROUND: Section 4.2 of the Professional Services Agreement with Keith and
Schnars, P.A., states: Payment shall be made at completion of each subtask except for: 1) subtasks for
meetings; and 2) subtasks requiring greater than two (2) months per Exhibit B. For these exceptions,
payment shall be based on the percentage of completion of the subtask up to 90% of the subtask fee,
with the documentation submitted to project manager to verify percentage completion. The remaining
10% of the subtask fee shall be made upon completion of the subtask
The Professional Services Agreement includes a Scope of Work and an Attachment B that identifies
the work schedule for each task. There are subtasks identified in the Scope of Work that were not
included in the Attachment B work schedule. There are also subtasks that require greater than two
months to complete which need to be shown on Attachment B to allow for partial payment. No
changes in services and fees are associated with this contract amendment.
PREVIOUS RELEVANT BOCC ACTION: At the BOCC Meeting on December 16, 2009, the
Board granted approval and authorized execution of a Professional Services Agreement with Keith and
Schnars, PA to update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal
Report (EAR), Comprehensive Plan Amendments, and Land Development Code for a planning period
of 2010-2030 in the total amount of $1,031,985.00.
At the BOCC Meeting on September 15, 2010, the Board approved an amendment to the Professional
Services Agreement with Keith and Schnars, PA to amend the work program and deliverable schedule
to accommodate the need to have the Florida Department of Community Affairs affirm the
methodology to be used to develop Monroe County's projected population and to provide time for
review of the technical documents prior to the development and finalization of major issues to be
studied during the Evaluation and Appraisal Report (EAR). No changes in services and fees were
associated with this contract amendment.
CONTRACT/AGREEMENT CHANGES: Refer to Item Background above.
STAFF RECOMMENDATION: Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
for
KEITH AND SCHNARS, P.A.
This Second Amendment (Amendment) is made and entered into this _ day of
2010 to the Agreement dated December 16, 2009 (Agreement) between Keith
and Schnars, P.A. (Firm), 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132 and
Monroe County, a political subdivision of the State of Florida (County), Marathon Government
Center, 2798 Overseas Highway, Marathon, Florida 33050.
WITNESSETH:
WHEREAS, County and Firm agree to continue the services as described in the Agreement
dated the 16'� day of December, 2009; and
WHEREAS, the work program and deliverable schedule has been modified by Keith and
Schnars to accommodate the need for Attachment "B" to be consistent with the contract scope of
work; and
WHEREAS, no changes in services and fees are associated with this contract amendment.
NOW, THEREFORE, the parties agree as follows;
1. Monroe County Master Schedule -- Attachment `B" shall be amended as attached.
2. The remaining terms of the Agreement entered into on December 16, 2009, not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment.
ATTEST BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
Deputy Clerk
Witness
Witness
Mayor Sylvia J. Murphy
Keith and Schnars, P.A.
Michael L. Davis
Title: Vice President
Date:
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1
1 1 N
This First Amendment (Amendment) is made and entered into this _ day of
2010 to the Agreement dated December 16, 2009 (Agreement) between Keith and Sc , P.A.
(Firm), 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132 and Monroe County, a
political subdivision of the State of Florida (County), Marathon Government Center, 2798
Overseas Highway, Marathon, Florida 33050.
0 M.
WEW,REAS, County and Firm agree to continue the services as described in the Agreement
dated the 16* day of December, 2009; and
WHEREAS, the work program and deliverable schedule has been modified by Keith and
Schnars to accommodate the need to have the Florida Department of Community Affairs affirm
the methodology to be used to develop Monroe County's projected population; and
Vv�MREAS, the amendment. Attachment "B" of r- contract reflectsthe modified work
program and deliverable schedule;and
f.
V4MREAS,changes
THEREFORE,parties t follows:
I . Monroe County Master Schedule — Attachment 'B" shall be amended as attached.
2. The remaining tmAgreement entered into on December2009,
'�-erewith, shall remain in Rill force and effect.
IN SS WHEREOF, the parties have executed this First Amendment.
ATTEST BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE,OF • '• COUNTY, FLORIDA
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Mayor Sylvia J. Murphy
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Title' Vice President
Date:
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES TO UPDATE THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
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THIS CONTRACT is made and entered into this /6 day of De C . 200 7, by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Keith and
Schnars, P.A. ("CONSULTANT"), whose address is 6500 North Andrews Avenue, Ft. Lauderdale,
FL 33309-2132,
Section 1. SCOPE OF SERVICES
The CONSULTANT shall do, perform and cant' out in a professional and proper manner services
and deliverables as described in Exhibit A, Scope of Services which is attached hereto and made
a part of this contract. In Phase I, CONSULTANT shall produce a Technical Document which shall
be the basis for Phase Il, the Evaluation and Appraisal Report (EAR) and Phase III, the
Amendments to the Comprehensive Plan. The EAR shall comport with all statutory and rule
requirements of the State of Florida to provide the status of the County's Comprehensive Plan and
needed revisions. Such revisions and amendments shall be performed in Phase III. Phase III also
includes production of final Comprehensive Plan for the planning period of 2010 — 2030.
CONSULTANT shall propose and make the changes to the Monroe County Land Development
Code as a result of the amendments to the Comprehensive Plan and other recommended
reorganization and restructuring to eliminate inconsistencies during Phase IV. Representations
made in the Response to the Request for proposals furnished by the CONSULTANT are
incorporated herein as though fully set forth unless modified by Exhibit A or approved by the
County.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available data and base maps as to the COUNTY'S requirements for
Work Assignments. Designate in writing a person with authority to act on the COUNTY'S behalf
on all matters concerning the Work Assignment.
2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other available
data pertinent to the work, and obtain or provide additional reports and data as required by the
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CONSULTANT. The CONSULTANT shall be entitled to use and rely upon such information and
services provided by the COUNTY or others in performing the CONSULTANT'S services.
2.3 Perform such other functions as are indicated in Exhibit A.
2.4 Provide a schedule that is mutually agreeable to the COUNTY and CONSULTANT.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONSULTANT for each Phase shall be commenced upon
written notice from the COUNTY and the work shall be completed in accordance with the schedule
mutually agreed to by the COUNTY and CONSULTANT, attached to this contract as Exhibit B,
unless it shall be modified in a signed document, by the mutual consent of the COUNTY and
CONSULTANT. Subsequent services shall be performed in accordance with schedules of
performance which shall be mutually agreed to by COUNTY and CONSULTANT.
Section 4. COMPENSATION
4.1 Compensation shall be as follows:
Phase 1
$ 332,840.00
Phase 11
$ 229,990.00
Phase III
$ 204,830.00
Phase IV
$ 264,325.00
Total
$ 1,031,985.00
The lump sum fees are broken down into Phases, Tasks and Subtasks as noted in Exhibit A. The
fees include CONSULTANT expenses, reimbursables, and deliverables.
4.2 Payment shall be made at completion of each subtask, except for: 1) subtasks for
meetings and; 2) subtasks requiring greater than two (2) months per Exhibit B. For these
exceptions, payment shall be based on the percentage of completion of the subtask up to 90% of
the subtask fee, with documentation submitted to project manager to verify percentage
completion. The remaining 10% of the subtask fee shall be made upon completion of the subtask.
4.3 Because the work must be completed according to the Schedule shown on Exhibit B
compensation shall be only for the amount of work completed, regardless of the cause of any
delay.
'
Section S. PAYMENT TO CONSULTANT
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must
describe in detail the services performed and the payment amount requested. The
CONSULTANT must submit to the Project Manager, who will review the request. The Project
Manager shall note his/her approval on the request and forward it to the Clerk for payment. If
request for payment is not approved, the Project Manager must inform the CONSULTANT in
writing that must include an explanation of the deficiency that caused the disapproval of the
request.
5.2 CONSULTANT shall submit invoices with progress report of activities on a monthly or
otherwise regular basis, in accordance with the compensation terms specified in Section 4.1, until
the work under this agreement is completed. These reports shall include the percentage complete
for each "meeting" subtask being invoiced.
5.3 Subject to the provisions in 4.2, the COUNTY shall make payments to the CONSULTANT
based on completion of each subtask in Exhibit A.
5.4 Continuation of this contract is contingent upon annual appropriation by Monroe County.
Section 6. CONTRACT TERMINATION and RENEGOTIATION
The COUNTY may terminate this contract with thirty days notice to CONSULTANT, and will
compensate the CONSULTANT for work done to the date of notice. Either party may terminate
this Contract because of the failure of the other party to perform its obligations under the Contract.
If the COUNTY terminates this Contract because of the CONSULTANT's failure to perform, then
the COUNTY must pay the CONSULTANT the amount due for all work satisfactorily completed as
determined by the COUNTY up to the date of the CONSULTANT's failure to perform but minus
any damages the COUNTY suffered as a result of the CONSULTANT's failure to perform. The
damage amount must be reduced by the amount saved by the COUNTY as a result of the
Contract termination. If the amount owed the CONSULTANT by the COUNTY is not enough to
compensate the COUNTY, then the CONSULTANT is liable for any additional amount necessary
to adequately compensate the COUNTY up to the amount of the Contract price. In the event the
scope of work for Phase IV is determined to be significantly less by the COUNTY, than what is
listed in Exhibit A, the parties may re -negotiate the contract scope and payment to reflect the
change.
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Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to Exhibit A shall be authorized in a signed
document (Work Order) or e-mail in accordance with the COUNTY's policy prior to any work being
conducted by the CONSULTANT. Exhibit A contains optional services with listed prices which
must be authorized in writing by the Project Manager. The Project Manager may authorize such
extra services if determined necessary by the Division Director.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the
work to be undertaken. Such supplemental instruction or provisions shall not be construed as a
modification of this Agreement. Authorizations shall be dated and serially numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are due) this
agreement or subsequent Work Assignment without the written consent of the COUNTY, except to
the extent that any assignment, subletting, or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this agreement.
7.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. Such delays or hindrances, if any, shall be compensated for by
the COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete
the work schedule.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and
shall be delivered or mailed to the addresses as follows:
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To the COUNTY: Director, Growth Management Division
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
And to: County Administrator
Monroe County
Gato Building
1100 Simonton Street
Key West, FL 33040
To the CONSULTANT: Michael L. Davis, Vice President
Keith and Schnars, P.A.
6500 North Andrews Avenue
Fort Lauderdale, FL 33309-2132
or addressed to either party at such other addresses as such party shall hereinafter furnish to the
other party in writing. Each such notice, request, or authorization shall be deemed to have been
duly given when so delivered by hand, or, if mailed, when deposited in the mails, certified mail,
return receipt requested, or by courier with proof of delivery.
Section 9. 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 their authorized representatives shall have reasonable
and timely access to such records of the 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 moneys paid to CONSULTANT
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the moneys together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to CONSULTANT.
Section 10. OWNERSHIP OF DOCUMENTS AND INFORMATION
COUNTY shall own all deliverables, and shall have sole rights to reproduce and sell any data or
derivative information, and CONSULTANT shall have no copy right or right to sell the deliverables
resulting from this RFP. COUNTY shall have the right to examine and use the work product of
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CONSULTANT to verify calculations and authenticity of the information used to produce the final
documents produced by CONSULTANT.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
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.
Section 12. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONSULTANT, supplier,
subCONSULTANT, or CONSULTANT under 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 the Category two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or interpretation
of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. This agreement is
not subject to arbitration.
Section 14. 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
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provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 1S. 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 ariomey's fees, court costs,
investigative, and out-of-pocket lexpenses, as an award against the non -prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. 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.
Section 16. 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.
Section 17. 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.
Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first 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 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.
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Section 19. 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 shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 20. NONDISCRIMINATION
COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968
(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 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; Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
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Section 21. COVENANT OF NO INTEREST
COUNTY and CONSULTANT 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.
Section 22. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, 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.
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bonafide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 24. PUBLIC ACCESS
The COUNTY and CONSULTANT 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 COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Z
Section 25. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
Section 26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 28. 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 COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
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Section 29. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
Section 30. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 31. 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.
Section 32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 33. INSURANCE POLICIES
Prior to execution of this agreement, the CONSULTANT shall furnish the COUNTY Certificates of
Insurance indicating the following coverages or in excess thereof:
• Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440.
• Employers Liability with:
$500,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits; and
$500,000 Bodily Injury by Disease, each employee.
• General Liability (Premises operations, blanket contractual, expanded definition of property
damage, products & completed operations, personal injury) with:
$500,000 Combined Single Limit.
• Vehicle Liability with:
I
$500,000 combined single limit per Occurrences/$500,000 Aggregate
• Professional Liability with:
$500,000 per Occurrence; and
$1,000,000 Aggregate.
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONSULTANT is an independent CONSULTANT
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONSULTANT or any of his/her employees,
CONSULTANTs, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent CONSULTANT the CONSULTANT shall provide
independent, professional judgment and comply with all federal, state, and local statutes,
ordinances, rules and regulations applicable to the services to be provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONSULTANT and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONSULTANT. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-public
agencies.
Section 35. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising
out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay
caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts
attributable to the s tlegligent act of the CONSULTANT.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
OF MOONROE COUNTY, FLORIDA
By �JCQUC • By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By
Secretary/Treasurer
Witness-M L
Print Name:
Witness:
Print Name:
MONAOE C ATTORNEY
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Mayor Sylvia Murphy
KEITH AND SCHNARS
By 044 6P, Oe�i
Michael L. Davis, Vice President
Date: Awc y01
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
PHASE I —TECHNICAL DOCUMENT
TASK 1-PROJECT INITIATION
1.1 K&S Team will meet with the project managers from the County to review work
tasks and the project schedule, establish reporting relationships and review
expectations of the project. The development of the Public Involvement Plan (PIP)
will also be discussed at this meeting, including: key issues, audiences,
communication materials, communication venues, and the County/K&S roles,
including how comments will be managed; and the key messages that need to
be communicated in all communication materials.
1.2 K&S will initiate data collection, including a data gap analysis. County staff will
work with K&S to identify and gather the necessary data.
1.3 K&S will develop a database of information or resources, including source and
status.
1.4 K&S will, in coordination with the County, identify stakeholders and potential
candidates for interviews; develop an Intergovernmental Coordination Plan (ICP)
and Public Involvement Plan (PIP); and, establish the project website.
The PIP will address public participation/input and include a media outreach
plan relating to the Comprehensive Plan Update, the Evaluation and Appraisal
Report, the Comprehensive Plan Amendments; and the development of the revised
Land Development Code.
Based on the meeting in Task 1.1 above, K&S will prepare strategies for identified
audiences and phases.
A draft public participation plan will be prepared for County review. K&S will
support the County staff to present the public participation plan at the Planning
Commission and the BOCC briefings, noted in Tasks 2.2 and 2.3.
Following County review, and teleconference coordination as needed, a final public
involvement plan will be prepared.
The ICP will identify the applicable agencies and other jurisdictional bodies as
stakeholders and establish the primary contact and/or board members. It will also
identify the appropriate stages of the process in which they will be engaged and
how they will be notified.
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
Task I Deliverables:
• Meeting agenda;
• Kickoff meeting between County and K&S;
• Detailed Project Schedule;
• Information data base, updated throughout Phase 1;
• ICP;
• PIP;
• Written meeting summary; and
• Establish project website.
Consultants Lump Sum Fee for Phase I Task 1....................................... $ 52.090.00
TASK 2 —MEETINGS AND PUBLIC INVOLVEMENT
2.1 For the duration of Phase I, K&S will participate in up to two (2) meetings per
month, either in person or via telephone, with County staff to discuss the status of
the project and to solicit comments and feedback.
2.2 K&S will provide one briefing of the BOCC during Phase 1.
2.3 K&S will provide one briefing of the Planning Commission during Phase 1.
2.4 K&S will maintain and update the project website monthly, at a minimum.
2.5 K&S will conduct one (1) general public/stakeholder outreach event/program
during Phase I.
This outreach event shall include a presentation at three locations, to be determined
at a later date with County input. As part of Task 1.4, K&S will establish a specific
event strategy that will include a Commissioner greeting and comments at each
location; County and K&S staff will be available to discuss the upcoming activities,
take feedback and answer questions.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
2.6 K&S will prepare monthly project progress reports.
Task 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Update project website;
• General public/stakeholder outreach event; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase I Task 2.......................................S 65,560.00
TASK 3 — DRAFT UPDATED DOCUMENT
3.1 K&S will analyze existing conditions to update the Comprehensive Plan
components listed below:
• Population and Housing;
• Community Facilities and Services, including the Public Education and the
Public Health Systems;
• The Capital Improvement Program;
• Wastewater, Solid Waste, Stormwater and Potable and Reclaimed Water
Services;
• Transportation, including Ports and Aviation services;
• Land Use;
• Planning Areas and the Areas of County Critical Concern;
• Coastal Management and Natural Resources;
• Economics and Employment; and
• Historic Structures and Sites.
The analysis will determine trends that are emerging; the suitability of existing
land use regulations, relevant growth management laws and rules, public/private
facilities and services to meet the changing needs of the population; and, where
public and/or private initiatives will be necessary to maintain and improve
services and facilities. This task shall involve an examination of the
intergovernmental organizations that the County participates in with regard to
regional affairs. The analysis will also identify and evaluate the consistency among
and between local plans, studies and ordinances, as identified in Task 1.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
3.2 K&S will prepare a Draft Technical Document, updated to the 2010-2030
planning period, meeting the requirements of 9J-5 F.A.C., Chapter 163.3177.F.S
and Chapter 380.F.S. for each element. The Technical Document will establish the
appropriate level of standard for each service/infrastructure and; will identify
the projected needs, based upon population projections and level of service
standards, in five (5) year increments throughout the planning period.
K&S will retain the same element headings and subheadings, as may be
appropriate, within the existing Technical Document, and will include those that
may be required by Statue or Rule in order to be current and consistent with new
requirements.
3.3 K&S will conduct up to two (2) meetings with County staff to review the Draft
Technical Document. These expanded meetings will be a part of the regular
bimonthly meetings identified in Task 2.1.
3.4 K&S will organize and participate in one (1) County/DCA joint workshop to
review the draft Technical Document noted in Task 3.2, above.
3.5 K&S will participate in one (1) public presentation with the Planning
Commission (LPA) to review the Draft Technical Document.
3.6 K&S will participate in one (1) public presentation with the BOCC to review the
Draft Technical Document.
Task 3 Deliverables:
• Draft Technical Document (20 copies with 1 electronic file);
• Meeting agendas;
• Meeting participation;
• Written meeting summaries;
• One full size (11 "x 17") and one reduced copy (8.5"x 11 ") of each map; and
• All text, tables, charts, and maps provided in digital format. Mapping shall be
prepared in a format compatible with the County's GIS.
Consultants Lump Sum Fee for Task 3................................................ S 174, 730.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 4 — FINAL TECHNICAL DOCUMENT
4.1 Utilizing the results from Tasks above, K&S will prepare a Final "2010-2030
Technical Document". This document is the basis for the remaining phases of
the Evaluation and Appraisal Report (EAR) and the future Comprehensive Plan
update.
4.2 Prior to the presentation of the Final Technical Document to the 8OCC in Task
4.3 below, K&S will submit the material to the DCA for a Courtesy Review.
4.3 K&S will participate in one (1) public presentation of the Final Technical
Document before the BOCC.
Task 4 Deliverables:
• Meeting agendas;
• Meeting participation;
• Written documentation of Commission direction items;
• DCA Courtesy Review;
• Final Technical Document Update (20 copies with 1 electronic file);
• One full size 01 "x 17") and one reduced copy (8.5"x 11 ") of each map; and
• All text, tables, charts, and maps provided in digital format. Mapping shall be
prepared in a format compatible with the County's GIS.
Consultants Lump Sum Fee for Phase I Task 5........................................ $ 40, 460. 00
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information Station
(MIS) for additional events, at locations as selected by the County, to obtain feedback,
encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each event shall not exceed ... ... ...... ......... ... ... $9,960.00
Other Meetings/Hearings as Coordinated by the County K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LPA) or
BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed............ $3,760.00
TOTAL LUMP SUM FEE FOR PHASE I .................................... $ 332,840.00
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
PHASE II — EVALUATION AND APPRAISAL REPORT (EAR)
TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC
INVOLVEMENT
The purpose of the public information workshops will be to discuss and receive public
input on the key local "major" planning issues that will be addressed in the EAR.
L I. K&S will meet with key County staff and officials to gather input on major issues
affecting the County.
1.2. K&S will coordinate and conduct three (3) public workshops, and prepare
presentation and handout materials for the workshops, which may include comment
sheets, descriptions of the EAR process, and mounted aerials.
1.3. For the duration of Phase II, K&S will participate in up to two (2) meetings per
month, either in person or via telephone, with County staff to discuss the status of
the project and to solicit comments and feedback.
1.4. K&S shall conduct other coordination efforts to include meetings with elected
officials, appointed officials, County staff, and other government agencies, including
the DCA.
I.S. K&S will update the project website monthly, at a minimum.
Tasks 1 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Information data base, updated throughout Phase 2;
• Updated project website;
• Public involvement materials such as comment sheets and handouts outlining
the EAR process;
• Presentation materials for workshops (e.g. PowerPoint presentation, mounted
aerials);
• An issues matrix providing details on the identified major issues; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase II Task 1... ... ...... ... ... ... ... ... ... ... ... S 126,510.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 2- INTERAGENCY SCOPING MEETING AND COMPILATION REPORT
Interagency coordination is a critical component to the success of the EAR process.
Agencies that are part of the coordination effort during this Task (and throughout the
process) will include, but not be limited to: adjacent municipalities; FDOT, SFRPC,
N.A.S. - Key West, SFWMD, Monroe County Public Schools, FKAA, National Park
Service, the DCA, and other agencies identified by County staff.
2.1 K&S will coordinate and conduct an interagency scoping meeting with adjacent
local jurisdictions and State, regional and county agencies to receive their input on
the key issues that have been identified, and to identify additional issues that should
be addressed. In addition, this meeting will serve as an opportunity to identify and
collect the data that needs to be received from these agencies in order to conduct the
EAR.
2.2 K&S will prepare a compilation report that summarizes all issues identified for
further research and updating. This report will be submitted to the County for
review and consideration.
2.3 After County approval, the compilation report will be provided to DCA in order to
receive a Letter of Understanding. Any and/or all of the issues identified in this task
will be addressed in the EAR document (see Task 5).
Tasks 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Presentation materials for workshops (e.g. PowerPoint presentation, mounted
aerials);
• An Issue Compilation Report, composed of a Scope of Work that outlines the
identified major issues, and the manner in which these issues and the other EAR
statutory requirements, will be addressed;
• An issues matrix providing further details on the identified major issues;
• Monthly progress reports.
Consultants Lump Sum Fee for Phase H Task 2....................................S 14,260.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 3 - REVIEW AND EVALUATION OF THE COMPREHENSIVE PLAN
3.1 K&S shall perform a comprehensive review on an element -by -element basis of the
Comprehensive Plan in order to identify successes or shortcomings in achieving the
County's goals, objectives and policies and identify goals, objectives and policies
with old dates or out dated tasks
Task 3 Deliverable:
• A report summarizing, in tables and text, progress in achieving the
Comprehensive Plan's objectives since the date of the last EAR and goals,
objectives and policies which include old dates or outdated tasks . This report is
not intended to be a stand-alone document, but will be incorporated as a Chapter
in the draft EAR (see Task 5 Deliverable).
Consultants Lump Sum Fee for Phase II Task 3...... ... ... ... ... ... ... ...... ... ... $ 17,560.00
TASK 4- PUBLIC MEETINGS
4.1 The K&S Team will conduct one (1) presentation to the Planning Commission to
obtain feedback on the report generated during Task 3.
4.2 The K&S Team will conduct one (1) presentation to the BOCC. This presentation
will provide the BOCC with a "report card" of the Comprehensive Plan.
Task 4 Deliverable:
• Meeting agendas, if necessary;
• Meeting participation; and
• Written documentation of Commission and BOCC direction.
Consultants Lump Sum Fee for Phase II Task 4................................. $ 16,520.00
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 5 - DEVELOPMENT AND PREPARATION OF FIRST AND FINAL
DRAFT EAR
The purpose of this Task is to develop and prepare, in coordination with County staff', the
first draft EAR in accordance with Chapter 163, F.S, and in a format prescribed by 9J-11
F.A.C.
5.1 The issues identified in Tasks 1 and 2 will be: described, analyzed, and, evaluated
by K&S for potential social, economic, and environmental impacts.
5.2 Along with the statutory requirements, K&S shall prepare a series of
Comprehensive Plan amendment recommendations to address these issues.
5.3 In addition, the draft EAR prepared by K&S shall include:
• Description of the process used to ensure public participation;
• Updated population estimates;
• Changes in Land Area;
1. Vacant land for future development
2. Demands of growth on infrastructure
3. Location of development, including infill and redevelopment needs
• Coastal High Hazard Area (CHHA)/Property Rights Assessment;
• Coordination of any future school locations, and an evaluation of successes and
shortcomings in coordinating residential development and public school
capacity;
• List of changes need in the comprehensive plan due to changes in State law,
regional plans and/or administrative rules, including all new statutory or rule
requirements such as those specified by HB 697, SB 364 and 9J-5; and
• Other issues as may be required by County staff.
5.4 K&S will organize and attend one (1) briefing of the BOCC on the final draft EAR.
5.5 K&S will organize and attend one (1) hearing of the Planning Commission (LPA)
on the final draft EAR for the purpose of obtaining approval to transmit the Final
Draft to DCA for courtesy review..
5.6 Submit Draft EAR to DCA for courtesy review ninety (90) days before the required
adoption date per DCA Handbook,
Tasks 1 through 5.3 will result in the development of the first draft of the EAR. This draft
will be submitted electronically to the County for preliminary staff review. Any
comments or suggestions received from the scoping meeting, the public meetings, the
Planning Commission and BOCC briefings noted in Task 5.4 and 5.5, above, County
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
staff and the DCA Courtesy Review, noted in Task 5.6, will be addressed prior to
proceeding to Task 6.
Task 5 Deliverable:
• Meeting agenda;
• Presentation materials;
• Meeting participation;
• Written summary of BOCC direction;
• 1 electronic copy of the first draft EAR for preliminary internal staff review;
and
• 1 electronic copy and 20 hard copies of the final draft EAR for the Planning
Commission and BOCC briefing noted in Tasks 5.4 and 5.5, above; and the
DRC meeting and the Planning Commission (LPA) hearing noted in Task 6,
below.
Consultants Lump Sum Fee for Phase 11 Task 5... ... ... ... ... ... ... ... ... ... ... ...... $ 49,500.00
TASK 6- PUBLIC HEARINGS ON PROPOSED EAR
6.1 K&S will attend and coordinate one (1) hearing before the Planning Commission
(LPA).
6.2 K&S will attend and coordinate one (1) adoption hearing before the BOCC.
The purpose of the Planning Commission (LPA) and BOCC hearings is to receive staff
and public comments and obtain authority for the transmittal of the Proposed EAR to
DCA and the other reviewing agencies to obtain a Finding of Sufficiency. Any and/or all
comments received from the hearings will be addressed prior to mailing (Task 7).
Task 6 Deliverables:
• Meeting and hearing participation;
• and
• Report on direction from the hearings before the Planning Commission (LPA)
and the BOCC.
Consultants Lump Sum Fee for Phase If Task 6... ... ...... ... ... ... ... ...... ... ... S 3,600.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 7- MAILING OF ADOPTED EAR TO DCA
7.1 K&S will assist the County with the submission of the Adopted EAR to DCA
and other reviewing agencies.
Task 7 Deliverable:
• The original, twenty (20) copies and two electronic files (as revised to address
the Planning Commission, public and DRC comments) of the Adopted EAR
will be provided to the County for transmittal to DCA and review agencies, and
internal distribution.
Consultants Lump Sum Fee for Phase II Task 7.................................... $ 2,040.00
NOTE: Phase II Tasks 8, 9 10 and 11 will only be required if the Adopted EAR
receives comments or recommendations for changes from the DCA.
TASK $- RESPONSE TO DCA RECOMMENDATION & COMMENTS
8.1 K&S will review all recommendations and comments and prepare a written
response to each item, if necessary.
Tasks 8 Deliverable:
• Written Response to DCA Recommendations and Comments.
Consultants Lump Sum Fee for Phase II Task 8...................................... $ 3,170.00 *
TASK 9- REVISE PROPOSED EAR
9.1 Based upon the comments received from DCA, K&S shall prepare revisions to the
EAR, if necessary.
9.2 K&S shall submit the revised EAR to the County for review and approval.
Tasks 9 Deliverable:
• Revised EAR (1 electronic and/or three hard copies) for staff review.
Consultants Lump Sum Fee for Phase II Task 9... ... ... ... ... ... ... ... ... ... ... ... $ 5,320.00*
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
TASK 10- PUBLIC HEARING TO ADOPT PROPOSED EAR
10.1 K&S will participate in one (1) Development Review Committee (DRC) meeting to
review the proposed EAR.
10.2 K&S shall attend and coordinate the BOCC public hearing required by Florida
Statutes for adoption of the revised Evaluation and Appraisal Report.
Task 10 Deliverables:
Report on direction from the hearing.
One electronic and 10 hard copies of the draft EAR (as revised to address staff
comments) for the DRC review and Board of County Commissioners adoption.
Consultants Lump Sum Fee for Phase II Task 10 .............................. $ 1, 780.00*
TASK 11- MAILING OF ADOPTED PROPOSED EAR TO DCA
11.1 The revised adopted EAR will be submitted to the County for transmittal to DCA.
Task 11 Deliverable:
• 20 bound copies and 2 electronic files of the adopted EAR for transmittal and
internal distribution.
Consultants Lump Sum Fee for Phase II Task 11....................................... $ 1,600.00*
Note. if further proceedings are necessary (e.g., mediation, ligation), it is anticipated that
K&S will be available, pursuant to an amendment to this contract, to provide additional
services.
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information Station
(MIS) for additional events, at locations as selected by the County, to obtain feedback,
encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee each event shall not exceed .............................. $9, 960.00
Other Meelin s/Hearin s as Coordinated AE the Coun : K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LPA) or BOCC for all tasks included in this Phase.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 21, 2009
Consultant's Lump Sum Fee each meeting/hearing shall not exceed............ $3, 7b0.00
TOTAL FEE for Phase II ......................................................... $ 229,990.00
* Tasks 9-11 fees ($11,870) not included in Phase II Total — but may be necessary if
objections, comments, and recommendations report is received from Department of
Community Affairs (DCA)
PHASE III --COMPREHENSIVE PLAN
AMENDMENTS/COMPREHENSIVE PLAN 2010-2030
TASK 1— PHASE III KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase III.
1.2 K&S will update the PIP as necessary.
Task 1 Deliverables:
• Meeting agenda;
• Meeting participation;
• Written meeting summary; and
• Updated PIP.
Consultants Lump Sum Fee for Phase III Task 1.................................... $ 5,580.00
TASK 2 — MEETINGS AND PUBLIC INVOLVEMENT
2.1 K&S will participate and coordinate meetings (in person and telephonically) with
County staff two times per month for the duration of Phase III.
2.2 K&S will participate and coordinate (up to 4 two-hour) meetings with the
Department of Community Affairs (DCA) during its informal and formal review
process (telephonic).
2.3 K&S will update the project website monthly, at a minimum.
Tasks 2 Deliverables:
• Meeting agendas;
• Meeting and public event participation;
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
• Written meeting and public event summaries, including DCA recommendations
and comments;
• Information data base, updated throughout Phase 3;
• General public/stakeholder outreach events; and
• Updated project website.
Consultants Lump Sum Fee for Phase III Task 2... ...... ... ... ... ...... ... ...... ... $ 67,430.00
TASK 3 - PREPARATION OF DRAFT COMPREHENSIVE PLAN
AMENDMENTS
3.1 Utilizing the recommendations contained within the EAR; and input gathered
through the public involvement process and preliminary meetings with the DCA,
K&S will draft amendments to the Plan to implement the goals of the County, that
meets the requirements of Chapter 380 and Chapter 163, Part 11, F.S., Chapter 9J-5,
and Rule 28-20 F.A.C., and all other applicable studies or plans. During the
drafting process, K&S will work closely with County staff, the Planning
Commission, the Board of County Commissioners, the DCA, and other agencies as
necessary, to assure that the amendments are acceptable and to work through issues
prior to submission of the final amendments.
3.2 K&S will provide additional amendments to the Comprehensive Plan Policy
Document based upon the updated Technical Document and any impending
statutory requirements; and shall delete any goals, objectives and policies which
are out-of-date or no longer applicable.
3.3 K&S will participate and coordinate six (6) meetings with the DRC to review the
draft amendments. These expanded meetings will be a part of the regular bimonthly
meetings identified in Task 2.1.
3.4 K&S will coordinate and participate in five (5) meetings before the Planning
Commission to review the draft amendments.
Task 3 Deliverable:
• Meeting agendas, as necessary;
• Meeting participation;
• Meeting summaries, including directional items from the Planning Commission;
and
• 20 copies and 1 digital file, in final ordinance and strikethrough and underlined
format, of the proposed Comprehensive Plan Amendments. Such amendments
shall include those based upon the results of the Evaluation and Appraisal
report; the updated Technical Document; impending statutory requirements;
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Monroe County and Keith and Schnars, P.A.
December 2, 2009
and, the deletion of, or revision to, any goals, objectives and policies which are
out-of-date or no longer applicable;
Consultants Lump Sum Fee for Phase III Task 3.................................... $ 63,870.00
TASK 4 - PREPARATION OF FINAL COMPREHENSIVE PLAN
AMENDMENTS
4.1 Incorporating the comments and feedback received on the draft amendments during
Tasks 2 and 3, K&S will develop a final set of amendments in underline-
strikethrough to be reviewed during the public hearing process by the Planning
Commission (LPA) and the BOCC during both the transmittal and adoption hearing
process.
4.2 K&S will participate and coordinate two (2) public hearings before the Planning
Commission (LPA).
4.3 K&S will participate and coordinate two (2) public hearings before the Board of
County Commissioners for the review, adoption and transmittal of the amendments
to the DCA.
Task 4 Deliverable:
• Hearings participation;
• Report on direction from the hearings before the LPA and the BOCC;
• 20 copies and 1 digital file of the proposed Comprehensive Plan Amendments
in Final Ordinance and strikethrough and underlined format.
Consultants Lump Sum Fee for Phase III Task 4.................................... $ 29, 820. 00
TASK 5 - FOLLOW-UP AND MODIFICATION
5.1 K&S will analyze the DCA response in its Objections, Recommendations and
Comments (ORC) Report to the transmittal of the Plan amendments and, shall
prepare a written response to each item.
5.2 If necessary, K&S shall make the necessary adjustments or modifications at the
direction of the County and will be provided in underline-strikethrough format.
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Monroe County Comprehensive Plan Update
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Monroe County and Keith and Schnars, P.A.
December 2, 2009
Task S Deliverables:
Written response to the ORC addressing each item; and
20 copies and 1 digital file of the final Comprehensive Plan Amendments, in
strikethrough and underline format, for adoption and enactment.
1 digital file and 20 tabbed copies, without strikethrough and underline, of all of
the goals, objectives and policies of the complete "2010-2030 Comprehensive
Plan".
Consultants Lump Sum Fee for Phase III Task 5................................. $ 38,130. 00
Note: If further proceedings are necessary (e.g., mediation, ligation), it is anticipated that
K&S will be available, pursuant to an amendment to this contract, to provide additional
services.
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information Station
(MIS) for additional events, at locations as selected by the County, to obtain feedback,
encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee each event shall not exceed .............................. $9, 960- 00
Other Meetings/Hearings _as _Coordinated by the_ County: K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LPA) or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed............ $3, 760.00
TOTAL FEE FOR PHASE III ................................................. $ 204,830.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
PHASE IV — REVISED LAND DEVELOPMENT CODE, INCLUDING
AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE
COMPREHENSIVE PLAN
TASK 1— PHASE IV KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase IV.
1.2 K&S will update the PIP as necessary.
Task 1 Deliverables:
• Meeting agenda;
• Written meeting summary; and
• Updated PIP
Consultants Lump Sum Fee for Phase lY Task1.................................... $ 14, 535.00
TASK 2 — AMENDMENT RECOMMENDATIONS
2.1 K&S shall prepare a report that will include recommended revisions and
amendments to create LDRs based on existing code, Comprehensive Plan and
Florida law. The results of this analysis will establish the focus for drafting the new
land development code.
2.2 K&S will conduct up to two (2) meetings with County staff to review and provide
input on the Recommendations and Revisions Report generated in Task 2.1, above.
These expanded meetings will be a part of the regular bimonthly meetings
identified in Task 3.1 below.
2.3 K&S will coordinate up to five (5) presentations before the Planning Commission
to obtain input on the issues and recommendations identified in Task 2.1.
Task 2 Deliverable:
• Meetings agendas, as necessary;
• Meetings participation;
• Presentation materials;
• Written meeting summaries; and
• Recommendations and Revisions Analysis Report (20 copies and 1 electronic
file).
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Monroe County and Keith and Schnars, P.A.
December 2, 2009
Consultants Lump Sum Fee for Phase IV Task 2................................... $ SS, 680.00
TASK 3 — MEETINGS AND PUBLIC INVOLVEMENT
3.1 For the duration of Phase IV, K&S will participate in up to two (2) meetings
per month (for a total of 16 meetings), either in person or via telephone, with
County staff to discuss the status of the project and to solicit comments and feedback.
3.2 K&S will participate in one (1) general public outreach event/program during
Phase IV.
3.3 K&S will update the project website monthly, at a minimum.
Task 3 Deliverables:
• Meeting agendas, as necessary;
• Written meeting summaries;
• Monthly progress reports;
• General public outreach event; and
• Project website update.
Consultants Lump Sum Fee for Phase IV Task 3... ... ... ... ...... ...... ... ...... ... $ 76,100.00
TASK 4 - PREPARATION OF DRAFT LAND DEVELOPMENT REGULATIONS
4.1 Utilizing the results of the Tasks 2 and input gathered through the community
involvement process and scoping and review meetings with County staff, K&S will
prepare amendments to the County's LDRs. The regulations shall be reorganized to
unify the various requirements and consolidate subject matter into a user-friendly,
simple to administer and enforce, land development code that will implement the
adopted Comprehensive Plan; the EAR.; the Strategic Regional Policy Plan;
Chapter 380 and Chapter 163, Part II, F.S.; Chapter 9J-5 F.A.C. and Rule 28-20
F.A.C; and conform with other applicable studies and plans.
4.2 During the drafting process, K&S will work closely with County Staff, the Planning
Commission, the Development Review Committee (DRC), the BOCC, the DCA
and other agencies as necessary, to assure that the amendments are acceptable and
to work through issues prior to submission to the County of the final amendments.
Task 4 Deliverable:
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
• DCA Informal Review
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 4.................................... $ 79, 340.00
TASK S -PLANNING COMMISSION HEARINGS/ INITIAL REVISIONS
5.1 K&S will present and provide an overview of the planning and regulatory
documents prepared in Task 4 at up to three (3) public hearings of the Planning
Commission; solicit the comments of the Commission members; and, develop a list
of the concerns and suggestions provided at the meetings. K&S will coordinate with
the County regarding public notice of the meetings.
Task 5 Deliverables:
• Meeting agendas, as necessary;
• Presentation materials; and
• Written meeting summaries.
Consultants Lump Sum Fee for Phase IV Task 5..................................... $ 6,850.00
TASK 6 - FINAL DRAFT' ORDINANCES
6.1 Based on the comments provided in Task 5, K&S will prepare a final draft of the
proposed LDR amendments.
Task 6 Deliverable:
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee far Phase IV Task 6....................................$ 24,960,00
TASK 7 - PUBLIC HEARINGS
7.1 K&S shall present the final land development code at a public hearing before the
Planning Commission and two (2) public hearings before the Board of County
Commissioners for adoption and enactment.
Task 7 Deliverables:
R
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES — EXHIBIT A
Monroe County and Keith and Schnars, P.A.
December 2, 2009
Hearing participation;
Presentation materials; and
Hearing summaries.
Consultant's Lump Sum Fee for Phase IV Task 7.................................. $ 6,800.00
Note: If further proceedings are necessary (e.g., mediation, ligation), it is anticipated that
K&S will be available, pursuant to an amendment to this contract, to provide additional
services.
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information Station
(MIS) for additional events, at locations as selected by the County, to obtain feedback,
encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee each event shall not exceed ... ...... ...... ... ... ... .... ..$9,960.00
Other Meetin s/Hearin s as Coordinated by the Coun : K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LPA) or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed............ $3,760.00
TOTAL FEE FOR PHASE IV ...................................................$ $264,325.00
TOTAL LUMP SUM FEE ..................................................$ $1,031,985.00
20
a
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Monroe County Comp Plan Update
Keith and Schnars P.A. Budget
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2.2
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$4 510.00
2.3
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$17420.00
3.1
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$23 210.00
3.2
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$25 380.00
3.3
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$6 980.00
3.4
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$8 320.00
4.1
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$25 300.00
4.2
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2010 Division: Growth Management
Bulk Item: Yes X No _ Department: Land Steward
Staff Contact Person/Phone #: Beth Bergh (x 2511)
AGENDA ITEM WORDING:
Approval to advertise a request for proposals (RFP) for the removal of invasive exotic plants from
Monroe County Conservation Lands including two points for local preference out of 57 available
points in the evaluation criteria.
ITEM BACKGROUND:
For the fourth consecutive year Monroe County will be advertising a request for proposals (RFP) for
invasive exotic plant removal work on conservation lands that are owned or managed by Monroe
County. The project is fully funded through a grant from the Florida Fish & Wildlife Conservation
Commission's (FFWCC) Invasive Plant Management Section. Staff has included evaluation criteria in
the RFP in accordance with Ordinance No. 023-2009, the Local Business Preference Ordinance (see
page 9 of the attached RFP). The two (2) points awarded to a local business is a 3.5 percent differential
for local respondents. According to the Ordinance, the BOCC must approve the proposed RFP prior to
advertisement.
PREVIOUS RELEVANT BOCC ACTION:
August 18, 2010 — BOCC approved a grant task assignment with the Florida Fish & Wildlife
Conservation Commission for project funding.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $50,000 INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: 3.5 percent (2 of 57 potential points)
XG-3 *118X9181lia-MA
SOURCE OF FUNDS: FFWCC GRANT
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/P asing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
REQUEST . PROPOSALS
FOR PROFESSIONAL SERVICES
BY
LandscapeNeLyetation Contractors
or Individuals1 perform
Removal Plants
Monroe County Conservation
' 1 I I
MayorBOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia J. Murphy, District 5
• Tem, HeatherDistrict
Kim Wigington,District
George Neugent,
o Di Gennaro, District `
COUNTYADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT DIVISION
Danny L. Kolhage Christine Hurley, Director
October 2010
PREPARED Y:
Monroe County Land Steward
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
NOTICE OF REQUEST FOR PROPOSALS
Request for Professional Services from LandscapeNegetation Contractors
and Individuals to Remove Invasive Exotic Plants from
Monroe County Conservation Lands
RFP-GMD-x xx-xx-2010-PUR/C V
The Board of County Commissioners of Monroe County, Florida, hereby requests,
sealed proposals from contractors and individuals experienced in the removal of invasive
exotic plant species.
Interested firms or individuals are requested to indicate their interest by
submitting a total of six (6), two (2) signed originals and four (4) complete copies
of their proposal in a sealed package marked on the outside, "Proposal — Removal
of Invasive Exotic Plants from Monroe County Conservation Lands", addressed to
Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key
West, FL 33040, on or before 3:00 P.M. local time on xxxxx. No proposals will be
accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically
rejected. Proposers should be aware that certain "express mail' services will not
guarantee specific time delivery to Key West, Florida. It is the sole responsibility
of each Proposer to ensure its proposal is received in a timely fashion.
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website
www.demandstar.com or htty://www.monroecounty-fl.eov/vanes/msd/bids.htm The Public
Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida.
All submissions must remain valid for a period of ninety (90) days from the date
of the deadline for submission stated above. The Board will automatically reject
the response of any person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of Florida, under Sec.
287.133(3)(d), Florida Statute (1997). Monroe County declares that all or
portions of the documents and work papers and other forms of deliverables
pursuant to this request shall be subject to reuse by the County.
Technical questions are to be directed, in writing or faxed, to Beth Bergh, Monroe
County Land Steward, 2798 Overseas Highway, Suite 410, Marathon, FL 33050, or fax
to (305) 289-2854.
The Board reserves the right to reject any or all proposals, to waive informalities in the
proposals and to re -advertise for proposals. The Board also reserves the right to
separately accept or reject any item or items of a proposal and to award and/or negotiate
a contract in the best interest of the County.
Interested firms or individuals will be evaluated and selected by a committee composed
of the Monroe County Land Steward, the Monroe County Director of Environmental
Resources (or his designee), the Executive Director of the Monroe County Land
Authority, and a Monroe County Invasive Exotic Technician. The selection and
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
recommendation will be presented to the Board of County Commissioners for final
decision.
Dated at Key West, October xx, 2010
Monroe County Purchasing Department
-3_
NOTICE OF REQUEST FOR PROPOSALS
SECTION ONE - Instruction to Respondents
SECTION TWO - Draft Agreement
SECTION THREE - County Forms
SECTION FOUR - Insurance Requirements
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
OBJECTIVE OF THE REQUEST FOR PROPOSALS
The Growth Management Division of Monroe County, Florida invites firms to submit proposals to
remove Florida Exotic Pest Plant Council -listed species (Category I and II; see FLEPPC.org or
contact Monroe County Land Steward for a list) from Monroe County owned or managed
conservation lands. The project goal is the eradication of invasive exotic vegetation from selected
publicly owned conservation lands in Monroe County.
PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation lands
throughout the Keys. Monroe County has received a grant from the Florida Fish & Wildlife
Conservation Commission, Invasive Plant Management Section, in the amount of $50,000 for
contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County
Land Steward. Work must be completed by May 14, 2011.
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the Florida Keys
either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of
scattered conservation lands throughout the Florida Keys. This project will target sites that have not
already been treated in the Lower and Upper Keys identified below (the majority of the sites are
within the Lower Keys area):
Upper Keys: Key Largo; Tavernier
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine
Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form
much larger management units. The majority of the sites are located in neighborhoods, adjacent to
residences and roads. Level of infestation varies by site, ranging from sparse exotics to dense
stands of Brazilian pepper.
There are no plans or maps for the project area. The selected contractor will be given a list of
parcels and aerial maps of the work sites.
The following is a partial list of representative sample work locations that a potential respondent
may inspect on their own time if they choose to do so (not required):
• Lot 12, Block 2, Summerland Beach Addition # 2, Summerland Key (mm 25, oceanside);
located west of a private residence on 5'h Street. RE # 00197520-000000.
• Lots 3-8, Block 40, Sands Subdivision, Big Pine Key (mm 30, bayside); located on the
corner of Ave F and Father Tony Way. RE # 00305650-000000 through RE # 00305700-
000000.
• Lot 8, Block 3, Paradise Point, Key Largo (mm 105, bayside); located southwest of a private
residence on Coral Way. RE # 00513570-000000.
-s-
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
If needed, parcel maps may be viewed by accessing the Monroe County Property Appraiser's
website at www.mci)afl.org. From the top banner on the main page choose "GIS maps". The
properties can be located using the Real Estate (RE) numbers listed above. Please note, some of
the subject properties are owned by the State of Florida (TI ITF), however the County is the
manager of the property.
SCOPE OF WORK
The project consists of the physical removal of all Category I and 11 Florida Exotic Pest Plant
Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed
by herbicide application and chipping of all resulting biomass (except as described below for
bowstring hemp and leadtree seeds). The contractor will manage the project including the
scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will
supply locations and maps of project sites. The success of the project depends on the
thoroughness of invasive exotic removal.
The County conservation lands contain a wide variety of exotics ranging from grasses to large
trees. Different areas of the Keys have different species of concern but Brazilian pepper, Australian
pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the
most abundant. Most of the sites include a mixture of native vegetation and invasive exotic
vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The
majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including
mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in
wetlands.
Most sites are within neighborhoods and are easily accessed from adjacent roads.
Every invasive exotic species listed by Florida EPPC will be either hand -pulled or cut down and
treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing
(including Australian pines). A "Gyro -trail' or forestry machine may not be used for this project.
Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is
responsible for the initial herbicide treatment and removal of all the specified exotic species
including trees, shrubs, vines; herbaceous plants and grasses regardless of the size or reproductive
state of the plant.
Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to
minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure
spray to minimize drift and non -target damage. A dye shall be used to facilitate identification of
treated stems. An appropriate herbicide shall be applied within one (1) minute of stump
preparation.
Invasive exotic plant species
shall be treated with herbicide as follows:
Target Species
Treatment Method
Asiatic colubrina
50% Garlon 3A applied to cut surface immediately after cut
Colubrina asiatica
or 20% Garlon 4 a lied to stump's cut surface and sides
Australian pine
50% Garlon 3A applied to cut surface immediately after cut
Casuarina s
or 20% Garlon 4 a lied to stum 's cut surface and sides
Beach naupaka
50% Garlon 3A applied to cut surface immediately after cut
Scaevola sericea
or 10% Garlon 4 applied !Is 's cut surface and sides
Brazilian pepper
50% Garlon 3A applied to cut surface immediately after cut
(Schinus terebinthifolius)
or 10-15% Garlon 4 applied to stump's cut surface and
sides
Lead tree
30% Garlon 4 applied to stump's cut surface and sides
Leucaena leucoci hala
Seaside mahoe
50% Garlon 3A applied to cut surface immediately upon
Thes esia o ulnea
cuffing
-6-
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for
disposal by the County. Bowstring hemp (Sansevieria hyacinfhoides) must be physically removed,
ensuring that the entire root has been removed. Resulting plant material may either be bagged or
neatly piled on site (adjacent to the road) for County pick up. All other vegetative debris will be
chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County
Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste.
On sites where the mulch is to remain, the mulch must be spread neatly across the site without
covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft
lengths and neatly stacked by the road for pickup by Monroe County Solid Waste.
In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of
the following ways (as determined by the County Land Steward):
1. Chipped by the contractor and spread evenly across the site; or
2. Chipped and removed from the site by the Contractor, at no expense to the County for the
removal (if the Contractor wants the mulch for their own purposes); or
3. Chipped and piled on the site by the contractor and removed from the site by the County (if
Land Steward determines that on -site disposal is not an option); or
4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and
piled on site by the Contractor for eventual disposal by the County.
The Contractor will not be required to transfer or pay for the disposal of any vegetative waste
created by the project.
The Contractor will provide all necessary equipment to complete the project including hand tools,
chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective
equipment. The Contractor will also provide all materials for treatment (including herbicide and
adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere
to all herbicide label application, precautionary, and safety statements.
The Contractor shall be paid according to the hourly rates established in the contract for
each type of employee. No compensation shall be paid for travel time to and from the work
site. The project is complete when the total cost per hour reaches $50,000 or on May 14,
2011, whichever occurs first:
All herbicide treatments shall be at least 95% effective in preventing re -sprout of treated plants. If
95% kill rate is not achieved for any area of the project after two (2) months past initial project
completion; one additional treatment of the exotic plants in the problem area shall be the
responsibility of the Contractor at no additional cost to the County.
The Contractor shall at all times provide an on -site ground crew supervisor that is certified by the
Florida Department of Agricultural and Consumer Services and in good standing with that
Department, as part of the work force. Ground crew supervisors will be responsible for: 1)
coordination with the Monroe County Land Steward on a daily 1 weekly basis; 2) all control activities
and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within
property and treatment boundaries; 4) assuring herbicide labels and Material Safety Data Sheets
(MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to
all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall
be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas,
Forestry, Right -of -Way or Aquatics category.The County reserves the right to disqualify prospective
bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or
regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order,
or fine within the two (2) previous years.
Crew supervisors must meet with County staff on a regular basis to discuss the progress of the
project and to determine priority areas for treatment. The contractor shall complete "Daily Progress
Reports for Invasive Plant Control' and submit the completed forms to the County every two weeks.
The Monroe County Land Steward will submit permit applications for the proposed exotic removals,
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
however the Contractor is required to pick up the permit from the Monroe County Building
Department and keep the permit with the crew while working on -site.
The Contractor must hold a valid Monroe County occupational license and a Monroe County
Certificate of Competency for landscaping. Monroe County does have reciprocity with some
other Florida counties. Please see the County's website (www.monroecounty-fl.pov) for
more information regarding the reciprocity application process. A State of Florida's General
Contractor's license may substitute for a Monroe County Certificate of Competency in
landscaping. However, a General Contractor must register with Monroe County by
submitting a "State Certified Contractor Registration Application" and receive approval from
Monroe County.
Due to the amount of time required to obtain a Monroe County occupational license and
Certificate of Competency, respondents must submit any required licensing applications to
Monroe County prior to bid submission and indicate the status of the application(s) in their
bid package. It is not necessary to have already obtained the license or certificate prior to
bid submission.
Additional plant treatment or removal and nonpiant debris removal may be added to the project by
mutual agreement as field conditions warrant and funds permit. Such agreements for additional
work shall be made in writing and agreed to by signature of both parties.
According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission,
contractors working on invasive exotic removal projects must adhere to the following protocol:
Mandatory decontamination protocols must be followed for vehicles and equipment prior to
entering Monroe County from areas outside of the County.
When moving equipment from site to site within Monroe County, decontamination requirements
will be at the discretion of the County and will be dependent upon the exotic species that were
treated at the previous site and on the nature of the treatment sites.
If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a list
of designated decontamination sites if necessary.
Decontamination protocols:
All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned
with a pressure washer (at a County approved facility). Decontamination protocols include
spraying down all equipment surfaces including the undercarriage and tires to insure that mud,
vegetative debris and other debris is not transported from the previous treatment site. Special
attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and
other exotics specific to the mainland were treated to prevent the spread of these species into
Monroe County.
Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down
and cleaned so that they are free of debris.
Prior to the commencement of an invasive species removal project, the contractor and the County
Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan,
then the Contractor shall submit a brief decontamination plan in writing, to the County for approval.
The decontamination plan shall identity specific decontamination procedures and decontamination
sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of
treatment conducted at the site, and the exotic species that were treated.
Failure to comply with decontamination protocols constitutes reason for contract cancellation and
dismissal of the contractor.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
While notice to proceed will be issued as soon as possible after the contract is final, the project
timeframe may be adjusted depending on seasonal conditions. All work must be completed by May
14, 2011.
CONTRACTOR SELECTION AND EVALUATION PROCESS
Interested firms or individuals will be evaluated and selected at a publicly -noticed meeting by a
committee composed of the Monroe County Land Steward, the Monroe County Director of
Environmental Resources (or his designee), the Executive Director of the Monroe County Land
Authority, and a Monroe County Invasive Exotic Technician. The committee will evaluate
responses based on the following criteria:
1. Past record and experience of firm on similar invasive exotic removal projects. (10 pts)
2. Technical, educational, and training experience of the assigned staff and any anticipated
subcontracted staff. (10 pts)
3. Ability to start immediately upon notice to proceed and ability to complete project by May 14
— considering size of crew; available equipment; etc. (10 pts)
4. Cost per man hour (10 pts)
5. Familiarity with general project area and Florida Keys invasive exotic species. (5 pts)
6. Project approach reflects clear understanding of project needs and necessary activities. (5
pts)
7. Completeness of RFP response (5 pts)
8. Local business preference: respondent has a Monroe County business license and a
physical business address within Monroe County (see Local Preference Form). (2 pts)
The selection and recommendation will be presented to the Board of County Commissioners for
final decision. If no contract can be negotiated with the first ranked proposer, the Board reserves
the right to negotiate with the next selected proposer. Monroe County reserves the right to reject
any and all submittals, waive any irregularities, re -issue all or part of the RFP, and not award any
contract, all at its discretion and without penalty.
Format. The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Proposal for Removal of invasive Exotic Plants from Monroe
County Conservation Lands". The cover page should contain Respondent's name,
address, telephone number, and the name of the Respondent's contact person.
B. Tabbed Sections
Tab 1. General Information.
I. The history of the firm, its corporate structure, and years in business.
II. A list of the officers and directors of the respondent.
Ill. A list of any subcontractors whom the respondent plans to utilize in performing its
services.
Tab 2. A section to address the following points, which shall be used in the Selection
Committee's evaluation of each submittal in relation to the previously discussed tasks.
i. Record of performance and professional accomplishments including: a description of similar
work completed by the firm, any outstanding accomplishments of the firm, and any
outstanding accomplishments of the firm that relate directly to this type of work (please
provide a reference for each work cited).
li. Technical, educational and training experience of the assigned staff and any anticipated
subcontracted staff. Include the proposed function(s) of subcontractors.
lii. Copies of crew supervisors' State license for herbicide application.
IV. A list of equipment 1 tools that are available to be used on the project.
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
V. Project Approach. Provide a description including a statement that reflects a clear
understanding of project needs based on the description above and a work plan that details
the approach;.
VI. Specify the minimum number of workers that will be deployed as a work crew, and the man-
hour cost associated with each employee type. Fees should be all-inclusive, including but
not limited to travel, lodging, meal's, equipment, herbicide, tools. If members of the work
crew live outside of the Keys, specify what arrangements will be made to insure their ability
to report to work. No compensation will be paid for travel time. Contract will be based on
total cost per hour up to $50,000. The cost per hour will be taken into consideration during
the evaluation process, but is only one factor of many that will be used in the evaluation.
VII. Additional 'information: Provide any additional pertinent information that would be helpful in
the consideration of your response.
Tab 3. Litigation
I. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
II. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the respondent, or its officers or general partners? (If yes, provide details.)
III. Has the respondent, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services similar to
those requested in the RFP? (If yes, the Respondent shall provide a history of any past
or pending claims and litigation in which the Respondent is involved as a result of the
provision of the same or similar services which are requested or described herein.)
IV. Has the respondent ever initiated litigation against the county or been sued by the
county in connection with a contract to provide services, goods or construction services?
(If yes, provide details.)
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or
major creditor of the respondent was an officer, generalpartner, controlling shareholder
or major creditor of any other entity that failed to perform services or furnish goods
similar to those sought in the request for proposals.
Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms
specified below and found at designated pages in this RFP, as well as copies of all professional
and occupational licenses:
I. Submission Response Form
II. Lobbying and Conflict of Interest Clause
III, Non -Collusion Affidavit
IV, Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Local Preference Form (if applicable)
VII. Respondent's Insurance and Indemnification Statement
VIII. Insurance Agent's Statement, and
IX. Professional and Occupational Licenses
1.02 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Proposal Documents may be obtained in the manner and at the
locations stated in the Notice of Calling for Qualifications.
1.03 PROPOSAL REQUIREMENTS
See Notice of Request for Proposals.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
Interested firms or individuals are requested to indicate their interest by submitting a total of
six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed
package marked on the outside, "Proposal -- Removal of Invasive Exotic Plants from
Monroe County Conservation Lands", addressed to Monroe County Purchasing
Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00
P.M. local time on xxxxx, 2010. No proposal's will be accepted after 3:00 P.M. Faxed or e-
mailed Proposals will be automatically rejected.
A bid bond is not required. Payment and performance bonds are not required. There
are no liquidated damages. There is no pre -bid meeting.
1.04 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall' be rejected, and no participants in such collusion
will be considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal
on a contract to provide any goods or services to a public entity, may not submit a
proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit Proposal's on leases or perform work as a
contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. Category Two:
$25, 000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with your bid or proposal may result in immediate disqualification
of your bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP and other contract documents,
and inform themselves thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent will in no
way relieve them of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, they shall at once notify
the COUNTY.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days prior
to the date fixed for opening of responses will be given consideration. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued, will be
mailed or sent by available means to all known prospective Respondents prior to the
established Proposal opening date. Each Respondent shall acknowledge receipt of such
addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his response will nevertheless be construed as though it had been
received and acknowledged and the submission of his response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents
and each Respondent will be bound by such addenda, whether or not received by him. It is
the responsibility of each Respondent to verify that he has received all addenda issued
before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect
the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
or "Sole Owner' must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm" should be written beneath such signature. If the Respondent is
a corporation, the title of the officer signing the Proposal on behalf of the corporation must
be stated along with the Corporation Seal Stamp and evidence of his authority to sign the
Proposal must be submitted. The Respondent shall state in the response the name and
address of each person interested therein.
1.09 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
1.10 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and
announced at the appointed time and place stated in the Notice of Request for Proposal.
Monroe County's representative authorized to open the responses will decide when the
specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondents, or their authorized agents, are invited to
be present.
1.11 DETERMINATION OF SUCCESSFUL RESPONDENT
A. The County reserves the right to reject any and all responses and to waive
technical errors and irregularities as may be deemed best for the interests of the
County. Responses which contain modifications, are incomplete, unbalanced,
conditional, obscure, or which contain additions not requested or irregularities of
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
any kind, or which do not comply in every respect with the Instructions, and the
contract documents, may be rejected at the option of the County.
B. The County shall consider preference to local businesses in making a purchase
or awarding a contract who meet the criteria for a local business as defined by
Section 2-349 of the Monroe County Code. Individuals or firms which meet all
the criteria in Section 2-349 of the Monroe County Code and are a responsive
and responsible respondent shall receive local preference and shall be given two
points in the scoring criteria.
C. The application of local preference may be waived upon written recommendation
by the County and approval by the Monroe County Board of County
Commissioners at the time of Award of Contract. Waiver of the application of the
local preference is based upon analysis of the marketplace and in consideration
of the special or unique quality of goods, services, or professional services
sought to be purchased by the County.
D. The County may conduct such investigations as it deems necessary to assist in
the evaluation of any Response and to establish the responsibility, qualifications,
and financial ability of the Responders, proposed subcontractors, and other
persons or organizations to do the Work in accordance with the Contract
Documents to the County's satisfaction within the prescribed time.
1.12 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for each service area
and to waive any informality in any response, or to re -advertise for all or part of
the work contemplated. If responses are found to be acceptable by the Owner,
written notice will be given to the selected Respondent of the award of
contract(s).
B. If the award of a contract is annulled, the County may award the contract to
another Respondent or the work may be re -advertised or may be performed by
other qualified personnel as the County decides.
C. A contract will be awarded to the Respondent deemed to provide the services
which are in the best interest of the County, considering price, qualifications, time
frame, and other factors deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
E. The recommendations of the County Administrator or his designee, will be
presented to the Board of County Commissioners of Monroe County, Florida, for
final awarding or otherwise.
1.13 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage as indicated on the
attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of bid, with Monroe County BOCC listed as additionally insured on all except
Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days,
the contract may be awarded to the next selected Respondent.
The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached
form.
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
SECTION TWO: DRAFT CONTRACT
These contract documents should be used only after consultation with counsel. The documents are
not intended as legal advice appropriate to any specific situation, nor do they purport to address all
issues which may arise between the contracting parties. The documents should be amended or
supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES
FROM MONROE COUNTY CONSERVATION LANDS
THIS CONTRACT is made and entered into this day of , by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and
("CONTRACTOR"), whose address is
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part
of this agreement.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work
Assignments. Designate in writing a person ("Contract Manager") with authority to act on
the COUNTY'S behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other available data
pertinent to the work, and obtain or provide additional reports and data as required by the
CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such
information and services provided by the COUNTY or others in performing the
CONTRACTOR'S services.
2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public
and private property as reasonably required, and legally allowed, for the CONTRACTOR to
perform services hereunder. Any obstruction to such access by private property owners
shall not constitute a basis for waiver of any other required entries on to public and private
property, nor shall it provide a basis for termination of the contract. In the event that such
access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the
difficulty in a timely manner.
2A Perform such other functions as are indicated in Exhibit A.
2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONTRACTOR shall be commenced upon written notice from
the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to
by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the
mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in
accordance with schedules of performance which shall be mutually agreed to by COUNTY and
CONTRACTOR.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
Section 4. COMPENSATION
4.1 The maximum compensation available to the CONTRACTOR under this agreement is
$50,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work
within the Scope of Service according to progress reports and other documentation to show
the hours expended by each of the CONTRACTOR'S staff. There will be a 5% retainage by
COUNTY until the kiil rate requirements established in the Scope of Services are satisfied.
Because the work must be completed by May 14, 2011, compensation shall be only for the
amount of work completed, regardless of the cause of any delay.
4.2 The hourly billing rates of the CONTRACTOR, expected to include all costs including travel
and equipment, used in calculating the compensation due are:
Position Rate in Dollars
Certified Crew Su ervisor for exam le
Trained Crew Member for exam le
Bucket Truck Operator for example)
Bobcat Operator for example)
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the County Clerk (Clerk). The request
must describe in detail the services performed and the payment amount requested. The
CONTRACTOR must submit to the COUNTY Project Manager, who will review the request.
The Project Manager shall note his/her approval on the request and forward it to the Clerk
for payment. If request for payment is not approved, the Project Manager must inform the
CONTRACTOR in writing that must include an explanation of the deficiency that caused the
disapproval of the request.
5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or
otherwise regular basis until the work under this agreement is completed.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe County.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to perform its
obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen
(15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed
through the date of termination.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed
document (Work Order) in accordance with the COUNTY's policy prior to any work being
conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to
the work to be undertaken. Such supplemental instruction or provisions shall not be
construed as a modification of this Agreement. Authorizations shall be dated and serially
numbered.
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are due)
this agreement or subsequent Work Assignment without the written consent of the
COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by
law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this agreement.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and shall
be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier
service with a signed receipt, to the addresses as follows:
To the COUNTY: Christine Hurley, Division Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONTRACTOR:
or addressed to either party at such other addresses as such party shall hereinafter furnish to the
other party in writing. Each such notice, request, or authorization shall be deemed to have been
duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid.
Section 9. RECORDS
CONTRACTOR 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 their 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 moneys paid to CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. 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
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
the former County officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under 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 the Category two for a period of 36 months from the date of being placed on
the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 13. 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
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 CONTRACTOR 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.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket \expenses, as an award against the non -prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. 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. This Agreement is not subject to arbitration.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,
and assigns.
Section 16. AUTHORITY
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
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.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first 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 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.
Section 18. 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 CONTRACTOR
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 CONTRACTOR specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; Title Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 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; Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR 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.
Section 21. CODE OF ETHICS
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 22. NO SOLICITATIONIPAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR 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 COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 24. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the COUNTY be required to contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity
of officers, agents, or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
Section 27. NON -RELIANCE BY NON-PARTIES
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
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 COUNTY and the CONTRACTOR agree that neither the
COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
Section 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.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
32.1 General Insurance Requirements for Contractors and Subcontractors
As a pre -requisite of the work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all
Subcontractors to obtain insurance consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting
from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance,
shall not extend deadlines specified in this contract and any penalties and failture to perform
assessments shall be imposed as if the work commenced on the specified date and time, except for
the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work had
not been suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to
the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
RFP for Contractor Services, Removal of invasive Exotic Plants, Monroe Co. Conservation Lands
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability
coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized
self -insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance
Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial statements
from the fund upon request from the County.
Section 33. INDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and
not an employee of the Board of County Commissioners. No statement contained in this agreement
shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors,
servants or agents to be employees of the Board of County Commissioners for Monroe County. As
an independent contractor the CONTRACTOR shall provide independent, professional judgment
and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to
the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project, and
shall correct at its own expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-public
agencies.
Section 35. DELAY
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by
the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete
the work schedule. Such an agreement shall be made between the parties based on funding
availability.
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RFP for Contractor Services, Removal of invasive Exotic Plants, Monroe Co. Conservation Lands
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 200_.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
M
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
0
BOARD OF COUNTY COMMISSIONERS
By
Mayor/Chairman
By
(Name of Contractor)
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
EXHIBIT A
SCOPE OF SERVICES
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation lands
throughout the Keys. Monroe County has received a grant from the Florida Fish & Wildlife
Conservation Commission, Invasive Plant Management Section, in the amount of $50,000 for
contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County
Land Steward. Work must be completed by May 14, 2011.
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the Florida Keys
either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of
scattered conservation lands throughout the Florida Keys. This project will target sites that have not
already been treated in the Lower and Upper Keys identified below (the majority of the sites are
within the Lower Keys area):
Upper Keys: Key Largo; Tavernier
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine
Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form
much larger management units. The majority of the sites are located in neighborhoods, adjacent to
residences and roads. Level of infestation varies by site, ranging from sparse exotics to dense
stands of Brazilian pepper.
SCOPE OF WORK
The project consists of the physical removal of all Category I and 11 Florida Exotic Pest Plant
Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed
by herbicide application and chipping of all resulting biomass (except as described below for
bowstring hemp and leadtree seeds). The contractor will manage the project including the
scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will
supply locations and maps of project sites. The success of the project depends on the
thoroughness of invasive exotic removal.
The County conservation lands contain a wide variety of exotics ranging from grasses to large
trees. Different areas of the Keys have different species of concern but Brazilian pepper, Australian
pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the
most abundant. Most of the sites include a mixture of native vegetation and invasive exotic
vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The
majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including
mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in
wetlands.
Most sites are within neighborhoods and are easily accessed from adjacent roads.
Every invasive exotic species listed by Florida EPPC will be either hand -pulled or cut down and
treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing
(including Australian pines). A "Gyro-trac" or forestry machine may not be used for this project.
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is
responsible for the initial herbicide treatment and removal of all the specified exotic species
including trees, shrubs, vines, herbaceous plants and grasses regardless of the size or reproductive
state of the plant.
Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to
minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure
spray to minimize drift and non -target damage. A dye shall be used to facilitate identification of
treated stems. An appropriate herbicide shall be applied within one (1) minute of stump
preparation.
Invasive exotic plant species shall be treated with herbicide as follows:
Tar et Species
Treatment Method
Asiatic colubrina
50% Garlon 3A applied to cut surface immediately after cut
Colubrina asiatica
or 20% Garlon 4 applied to stump's cut surface and sides
Australian pine
50% Garlon 3A applied to out surface immediately after cut
Casuarina s
or 20% Garlon 4 applied to stump's cut surface and sides
Beach naupaka
50% Garlon 3A applied to cut surface immediately after cut
Scaevola sericea
or 10% Garlon 4 a -lied to stump's cut surface and sides
Brazilian pepper
50% Garlon 3A applied to cut surface immediately after cut
(Schinus terebinthifolius)
or 10-15% Garlon 4 applied to stump's cut surface and
sides
Lead tree
30% Garlon 4 applied to stump's cut surface and sides
Leucaena leucoci hala
Seaside mahoe
50% Garlon 3A applied to out surface immediately upon
Thes esia o ulnea
cutting
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for
disposal by the County. Bowstring hemp (Sansevieria hyacinthoides) must be physically removed,
ensuring that the entire root has been removed. Resulting plant material may either be bagged or
neatly piled on site (adjacent to the road) for County pick up. All other vegetative debris will be
chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County
Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste.
On sites where the mulch is to remain, the mulch must be spread neatly across the site without
covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft
lengths and neatly stacked by the road for pickup by Monroe County Solid Waste.
The Contractor will provide all necessary equipment to complete the project including hand tools,
chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective
equipment. The Contractor will also provide all materials for treatment (including herbicide and
adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere
to all herbicide label application, precautionary, and safety statements.
The Contractor shall be paid according to the hourly rates established in the contract for
each type of employee. No compensation shall be paid for travel time to and from the work
site. The project is complete when the total cost per hour reaches $50,000 or on May 14,
2010, whichever occurs first.
All herbicide treatments shall be at least 95% effective in preventing re -sprout of treated plants. If
95% kill rate is not achieved for any area of the project after two (2) months past initial project
completion; one additional treatment of the exotic plants in the problem area shall be the
responsibility of the Contractor at no additional cost to the County.
The Contractor shall at all times provide an on -site ground crew supervisor that is certified by the
Florida Department of Agricultural and Consumer Services and in good standing with that
Department, as part of the work force. Ground crew supervisors will be responsible for: 1)
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
coordination with the Monroe County Land Steward on a daily / weekly basis; 2) all control activities
and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within
property and treatment boundaries; 4) assuring herbicide labels and Material Safety Data Sheets
(MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to
all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall
be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas,
Forestry, Right -of -Way or Aquatics category.The County reserves the right to disqualify prospective
bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or
regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order,
or fine within the two (2) previous years.
Crew supervisors must meet with County staff on a regular basis to discuss the progress of the
project and to determine priority areas for treatment. The contractor shall complete "Daily Progress
Reports for Invasive Plant Control" and submit the completed forms to the County every two weeks.
The Monroe County Land Steward will submit permit applications for the proposed exotic removals,
however the Contractor is required to pick up the permit from the Monroe County Building
Department and keep the permit with the crew while working on -site.
The Contractor must hold a valid Monroe County occupational license and a Monroe County
Certificate of Competency for landscaping. Monroe County does have reciprocity with some
other Florida counties. Please see the County's website (www.monroecounty-fl.gov) for
more information regarding the reciprocity application process. A State of Florida's General
Contractor's license may substitute for a Monroe County Certificate of Competency in
landscaping. However, a General Contractor must register with Monroe County by
submitting a "State Certified Contractor Registration Application" and receive approval from
Monroe County.
Additional plant treatment or removal and nonplant debris removal may be added to the project by
mutual agreement as field conditions warrant and funds permit. Such agreements for additional
work shall be made in writing and agreed to by signature of both parties.
According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission,
contractors working on invasive exotic removal projects must adhere to the following protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to
entering Monroe County from areas outside of the County.
• When moving equipment from site to site within Monroe County, decontamination requirements
will be at the discretion of the County and will be dependent upon the exotic species that were
treated at the previous site and on the nature of the treatment sites.
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a list
of designated decontamination sites if necessary.
Decontamination protocols:
All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned
with a pressure washer (at a County approved facility). Decontamination protocols include
spraying down all equipment surfaces including the undercarriage and tires to insure that mud,
vegetative debris and other debris is not transported from the previous treatment site. Special
attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and
other exotics specific to the mainland were treated to prevent the spread of these species into
Monroe County.
Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down
and cleaned so that they are free of debris.
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RFP for Contractor Services, Removal of Invasive Exotic Pants, Monroe Co. Conservation Lands
Prior to the commencement of an invasive species removal project, the contractor and the County
Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan,
then the Contractor shall submit a brief decontamination plan in writing, to the County for approval.
The decontamination plan shall identity specific decontamination procedures and decontamination
sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of
treatment conducted at the site, and the exotic species that were treated.
Failure to comply with decontamination protocols constitutes reason for contract cancellation and
dismissal of the contractor.
While notice to proceed will be issued as soon as possible after the contract is final, the project
timeframe may be adjusted depending on seasonal conditions. All work must be completed by May
14, 2011.
RFP for Contractor Services, Removal of invasive Exotic Plants, Monroe Co. Conservation Lands
Please follow the complete instructions to respondents specified in
Section ' "Contractor Selection and Evaluation Process"
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
i have included:
• Lobbying and Conflict of interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• insurance Requirements
• Local Preference Form (if applicable)
Check mark items above as reminder that they are included)
In addition, i have included a current copy of the following professional and occupational licenses:
reimbursable expense items). Please follow a similar format to that shown in Paragraph 4.2 of the
draft contract (Section
Title Hourl Rate
ME
Telephone:
Fax:
Date:
Witness:
EM
WOM
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
ETHICS CLAUSE
(Company)
"...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability and may
also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
identification) as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
I
RFP for Contractor Services, Removal of Invasive Exotic Piants, Monroe Co. Conservation Lands
NON -COLLUSION AFFIDAVIT
I, of the city of according to law on my
oath, and under penalty of perjury, depose and say that
I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
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
this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
identification) as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
31 -
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(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' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be impaosed 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 contenderre 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
identification) as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro
the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
16
516 ►I�IHIC"1
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
identification) as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete
this form will result in disqualification from receiving local vendor preference.
Name of Biddere Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one
year prior to the notice or request for bid or proposal? (Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or
performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe
County?
List Address:
Telephone Number:
B. Does the vendoriprime contractor intend to subcontract 50% or more of the goods, services or construction to local
businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of , 20®, before me, the undersigned notary public, personally appeared
, known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that heishe is the person who executed the above Local
Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
SECTION FOUR: INSURANCE REQUIREMENTS
INDEMNIFICATION AND HOLD HARMLESS
FOR
CONTRACTORS AND SUBCONTRACTORS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during
the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre -requisite of the work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre -
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except for
the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance Or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
I
RI=P for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation lands
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from this General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
7m
RFP for Contractor Services, Removal of invasive Exotic Plants, Monroe Co. Conservation Lands
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$9 00,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
GENERAL LIABILITY
INSURANCE I TS
FOR
CONTRACT
"Inc
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
R1=P for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
® Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
NEM
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
Respondent's insurance and Indemnification Statement
Insurance Requirement
Required Limits
Worker's Compensation
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable
shall be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
Vehicle Liability
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable
shall be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Respondent covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B)
the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in any
tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result
of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall
indemnify the County from any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided for
above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Signature
Date
-41 -
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
INSURANCE AGENTS STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Print Name:
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — if a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority to
waive this provision.
And
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision -
making authority.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
MONROE COUNTY, FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
SIGNATURE
RFP for CONTRACTOR Services, ADA Compliance Assessments for County Buildings $ Properties
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$100,000 Bodily Injury by Acc.
$500,000 Bodily Inj. by Disease, policy Imts
$100,000 Bodily Inj. by Disease, each emp.
$300,000 Combined Single Limit
Vehicle Liability $100,000 per Person
(Owned, non -owned and hired vehicles) $300,000 per Occurrence
$ 50,000 Property Damage
$300,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional
insured on all policies issued to satisfy the above requirements.
Meeting Date:
October 20, 2010
Division:
Growth Management
Bulk Item: Yes
x No _
Department:
Planning and Environmental Resources
Staff Contact Person/Phone #: Trish Smith, ph. 289-2562
AGENDA ITEM WORDING:
Approval to advertise a Request for Qualifications to develop a Wayfinding Signage Program along the
Florida Keys All American Road (Florida Keys Scenic Highway).
ITEM BACKGROUND: In February 2010, Monroe County received funding to develop a
wayfinding signage program. This is a specialized service, and engineers who currently have
continuing services contracts may not possess the specialized qualifications required to complete this
project. Growth Management is pursuing an RFQ to attract qualified engineers who possess specialized
experience in wayfinding signage, graphics, and permitting within FDOT District 6.
PREVIOUS RELEVANT BOCC ACTION:
2//17/2010 - Approval to execute the Local Agency Program (LAP) Agreement with the Florida
Department of Transportation (FDOT) to provide funding for the All American Road Signage and to
investigate a design alternative for the types of signs that can be provided under the program.
CONTRACT/AGREEMENT CHANGES: NA
TOTAL COST: $80,000.00 INDIRECT COST: BUDGETED: Yes X No
COST TO COUNTY: $0 SOURCE OF FUNDS: c/c 50517 GW1001
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised I/09
� M I L- -JIL— -IdEL- 10 M
..,
BY
TRANSPORTATION ENGINEERING FIRMS
to
FN MONROE COUNTJ
Q
BOARD OF COUNTY COMMISSIONERS
Mayor
Mayor Pro Tern Heather
George Neugent,
Kim •
Mario Di •
CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT DIVISION
Danny L. Kolhage Christine Hurley, Director
October 2010
PREPARED BY:
Monroe County Planning Department
RFQ for Wayfinding Program
Request for Professional Services from Transportation Engineering Firms To
Develop a Wayfinding Program in Monroe County
1
Pursuant to Section 287.055, Florida Statutes, the Competitive Consultant Negotiation
Act, the Board of County Commissioners of Monroe County, Florida, hereby requests
sealed Statements of Qualifications from consultants experienced in providing
transportation planning and engineering services within FDOT District b.
Interested firms are requested to indicate their interest by submitting a total of six
(b), two (2) signed originals and four (4) complete copies of their qualifications in a
sealed package marked on the outside, "RFQ — Wayfinding Program", addressed to
Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key
West, FL 33040, on or before 3:00 P.M. local time on No
qualification packages will be accepted after 3:00 P.M. Faxed or e-mailed responses
will be automatically rejected. Responders should be aware that certain "express mail"
services will not guarantee specific time delivery to Key West, Florida. It is the sole
responsibility of each Responder to ensure its package is received in a timely fashion.
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website
www.demandstar.com or httlR://www.monroecounty-fl.goy/pages/msd/bids.htm The
Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West,
Florida.
All submissions must remain valid for a period of one hundred and twenty (120) days
from the date of the deadline for submission stated above. The Board will automatically
reject the response of any person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of Florida, under Sec.
287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of the
documents and work papers and other forms of deliverables pursuant to this request shall
be subject to reuse by the County.
Technical questions are to be directed, in writing to Trish Smith, Monroe County
Transportation Planner, 2798 Overseas Highway, Suite 410, Marathon, FL 33050, or
smith-patricia@monroecounty-fl.gov.
The Board reserves the right to reject any or all proposals, to waive informalities in the
responses and to re -advertise. The Board also reserves the right to separately accept or
reject any item or items of a response and to award and/or negotiate a contract in the best
interest of the County. Interested firms or individuals will be evaluated and selected by a
committee composed of the Monroe County Transportation Planner (or designee), the
Monroe County Planning Director (or designee), the Monroe County Director of
19
RFQ for Wayfinding Program
Engineering Services (or designee), and the Monroe County Scenic Highway Coordinator
(or designee). The selection and recommendation will be presented to the Board of
County Commissioners for final decision.
Dated at Key West, , 2010
Monroe County Purchasing Department
III
* for Wayfinding Program
SECTION ONE - Instruction to Respondents
SECTION TWO - Draft Agreement
SECTION THREE -County Forms
SECTION FOUR -Insurance Requirements
RFQ for Wayfinding Program
Development of a Wayfinding Program in Monroe County, Florida.
The Growth Management Division of Monroe County, Florida invites firms to submit
qualifications for development of a wayfinding program in Monroe County. The task
assignment under the contract and the Notice to Proceed will be issued by the Monroe County
Growth Management Division Director. There will be no reimburseable items (travel, meals,
mileage, or other expenses).
• 1 :' _ I A O
The US 1 corridor in the Florida Keys is designated as a National Scenic Byway. It is the only
highway in the State of Florida which has received the elite "All American Road" classification.
Subsequent to the designation, Monroe County was awarded a federal enhancement grant
through the Florida Department of Transportation to design and install wayfinding signage
within the scenic highway corridor.
Monroe County is seeking a prime consultant with experience in developing permittable contract
plans for the Florida Department of Transportation, District 5. Experience complying with Local
Agency Program Requirements (LAP) is essential. The design team should also include
members who are familiar with sign graphics and who can develop creative wayfinding signage
that is unique to the Florida Keys.
The county is seeking a qualified engineering firm to develop a wayfinding plan to direct
vehicles, pedestrians and bicycles to desired destinations along the scenic highway. Destinations
may include parking, water access points, recreational sites, historic and cultural centers,
commercial centers, public facilities and other relevant locations. Gateway signage is also a
component of the program. The consultant will be responsible for the planning, design, and
preparation of a complete set of final plans that will be used by a contractor to install signs in the
US 1 right of way and on county rights of way. Consultant shall be also responsible for
obtaining permits and approvals for the project. This contract does not include construction
engineering inspection or construction management. Plans shall be consistent with the scenic
highway vision outlined in the Florida Keys Scenic Highway Corridor Management Plan and the
Interpretive Master Plan (http://scenichighwayflkeys.comn. The wayfinding signage shall be in
compliance with Florida's Highway Guide Sign Program, Part V, Wayfinding Signs (Chapter
14-51, FAC).
Interested firms will be evaluated and selected at a publicly -noticed meeting by a committee
composed of the Monroe County Transportation Planner (or designee), the Monroe County
Planning Director (or designee), the Monroe County Director of Engineering Services (or
designee), and the Monroe County Scenic Highway Coordinator (or designee).
The committee will evaluate responses based on the following criteria:
-5-
RFQ for Wayfinding Program
1. Familiarity with National Scenic Byway and Florida Scenic Highway programs and past
experience working on similar projects. (10 pts)
2. Technical, educational, and training experience of the assigned staff and any anticipated
subcontracted staff. (10 pts)
3. Experience working on roadway projects within District 6 of the Florida Department of
Transportation (10 pts)
4. Familiarity with general project area and the unique features associated with the Florida
Keys Scenic Highway. (5 pts)
5. Project approach reflects clear understanding of project needs and necessary activities
required to develop contract documents and obtain project permits. (5 pts)
6. Completeness of RFQ response (5 pts)
The selection and recommendation will be presented to the Board of County Commissioners for
final decision. If no contract can be negotiated with the first ranked firm, the Board reserves the
right to negotiate with the next selected firm. Monroe County reserves the right to reject any and
all submittals, waive any irregularities, re -issue all or part of the RFQ, and/or not award any
contract, all at its discretion and without penalty.
Format. The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Response to Request for Qualifications for Development of
a Wayfinding Program in Monroe County". The cover page should contain
Respondent's name, address, telephone number, and the name of the Respondent's
contact person.
B. Tabbed Sections
Tab 1. General Information.
I. The history of the firm, its corporate structure, and years in business and location of
offices.
II. A list of the officers and directors of the respondent.
III. A list of any subcontractors whom the respondent plans to utilize in performing its
services.
Tab 2. A section to address the following points, which shall be used in the Selection
Committee's evaluation of each submittal in relation to the previously discussed tasks.
I. Record of performance and professional accomplishments including: a description of
similar work completed by the firm, any outstanding accomplishments of the firm, and
any outstanding accomplishments of the firm that relate directly to this type of work
(please provide a reference for each work cited).
II. Technical, educational and training experience and number of years of experience in the
field of the assigned staff and any anticipated subcontracted staff. Include the proposed
function(s) of subcontractors.
III. Project Approach. Provide a description including a statement that reflects a clear
understanding of different tasks and necessary work based on the description above.
IV. Additional information: Provide any additional pertinent information that would be
helpful in the consideration of your response.
Tab 3. Litigation
I. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
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RFQ for Wayfinding Program
II. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the respondent, or its officers or general partners? (If yes,
provide details.)
111. Has the respondent, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services
similar to those requested in the RFQ? (If yes, the Respondent shall provide a history
of any past or pending claims and litigation in which the Respondent is involved as a
result of the provision of the same or similar services which are requested or
described herein.)
IV. Has the respondent ever initiated litigation against the county or been sued by the
county in connection with a contract to provide services, goods or construction
services? (If yes, provide details.)
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder
or major creditor of the respondent was an officer, general partner, controlling
shareholder or major creditor of any other entity that failed to perform services or
furnish goods similar to those sought in the request for proposals.
Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms
specified below and found at designated pages in this RFQ, as well as copies of all
professional and occupational licenses:
I. Submission Response Form
II. Lobbying and Conflict of Interest Clause
I11. Non -Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Respondent's Insurance and Indemnification Statement
VII. Insurance Agent's Statement, and
VIII. Professional and Occupational Licenses
A. Only complete sets of RFQ Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at the
locations stated in the Notice of Calling for Qualifications.
See Notice of Request for Qualifications.
Interested firms or individuals are requested to indicate their interest by submitting a total
of six (6), two (2) signed originals and four (4) complete copies of their proposal in a
sealed package marked on the outside, "RFQ — Wayfinding Program in Monroe
County", addressed to Monroe County Purchasing Department, 1100 Simonton Street,
Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on
. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed
Proposals will be automatically rejected.
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RFQ for Wayfinding Program
1.04 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a qualifications
package in response to this invitation must execute the enclosed NON -
COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the
Respondents, the proposals of all participants in such collusion shall be rejected,
and no participants in such collusion will be considered in future bids for the
same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
Proposals on leases or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a qualifications
package in response to this invitation must execute the enclosed DRUG -FREE
WORKPLACE FORM and submit it with his response. Failure to complete this
form in every detail and submit it with your qualifications package may result in
immediate disqualification of your submittal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a qualifications package in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his bid or proposal. Failure to complete this form in every detail and submit
it with the package may result in immediate disqualification.
A. Each Respondent shall carefully examine the RFQ and other contract documents,
and inform themselves thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or performance of the
work to be performed under the contract. Ignorance on the part of the Respondent
will in no way relieve them of the obligations and responsibilities assumed under
the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, respondents shall at
once notify the COUNTY.
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days
prior to the date fixed for opening of responses will be given consideration. All such
changes or interpretation will be made in writing in the form of an addendum and, if
issued, will be mailed or sent by available means to all known prospective Respondents
prior to the established opening date. Each Respondent shall acknowledge receipt of
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RFQ for Wayfinding Program
such addenda in their submittal. In case any Respondent fails to acknowledge receipt of
such addenda or addendum, his response will nevertheless be construed as though it had
been received and acknowledged and the submission of his response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents
and each Respondent will be bound by such addenda, whether or not received by him. It
is the responsibility of each Respondent to verify that he has received all addenda issued
before responses are opened.
The Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work.
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business
as ", or "Sole Owner" must appear beneath such signature. In the case of
a partnership, the signature of at least one of the partners must follow the firm name and
the words "Member of the Firm" should be written beneath such signature. If the
Respondent is a corporation, the title of the officer signing the submittal on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his
authority to sign must be submitted. The Respondent shall state in the response the name
and address of each person interested therein.
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
Responses will be received until the designated time and will be publicly opened and
announced at the appointed time and place stated in the Notice of Request for
Qualifications. Monroe County's representative authorized to open the responses will
decide when the specified time has arrived and no responses received thereafter will be
considered. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Respondents, or their authorized agents,
are invited to be present.
DETERNUNATION OF SUCCESSFUL RESPONDENT
The County reserves the right to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the County. Responses
which contain modifications, are incomplete, unbalanced, conditional, obscure, or which
contain additions not requested or irregularities of any kind, or which do not comply in
every respect with the Instructions, and the contract documents, may be rejected at the
option of the County.
RFQ for Wayfinding Program
A. The County reserves the right to award separate contracts for each service
area and to waive any informality in any response, or to re -advertise for all or
part of the work contemplated. If responses are found to be acceptable by the
County, written notice will be given to the selected Respondent of the award
of contract(s).
B. If the award of a contract is annulled, the County may award the contract to
another Respondent or the work may be re -advertised or may be performed by
other qualified personnel as the County decides.
C. A contract will be awarded to the Respondent deemed to provide the services
which are in the best interest of the County, considering price, qualifications,
time frame, and other factors deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
E. The recommendations of the County Administrator or his designee, will be
presented to the Board of County Commissioners of Monroe County, Florida,
for final award.
The Contractor will be responsible for all necessary insurance coverage as indicated on the
attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of bid, with Monroe County BOCC listed as additionally insured on all except
Workers Compensation. If the proper insurance forms are not received within the fifteen (15)
days, the contract may be awarded to the next selected Respondent.The Contractor shall defend,
indemnify, and hold harmless the County as outlined on the attached form.
RPQ for Wayfinding Program
SECTION O: DRAFT NT ACT
These contract documents should be used only after consultation with counsel. The documents are not
intended as legal advice appropriate to any specific situation, nor do they purport to address all issues
which may arise between the contracting parties. The documents should be amended or supplemented
where appropriate.
COATRACTFOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe County
("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe
County Board Of County Commissioners ("BOCC"), and the
("Engineer")., whose address is , its successors and assigns on the ` day of
, 2010.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Engineer agree:
FORM OF AGREEMENT
1r\:il 1 caj A M
By executing this Contract, Engineer makes the following express representations and warranties
to the Owner:
1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is
licensed to practice Engineering by all public entities having jurisdiction over the Engineer and
the assignment.
1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations
necessary to act as Engineer for the assignment until the Engineer's duties hereunder have been
fully satisfied.
1.1.3 The Engineer shall prepare all documents that may be developed under this Contract
including, but not limited to, all contract plans and specifications, in such a manner that they
shall be in conformity and comply with all applicable law, codes and regulations. The Engineer
warrants that any documents prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the task order, therefore, eliminating any additional construction cost
due to missing or incorrect design elements in the contract documents.
1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his
performance and those directly under his employ as Engineer of Record.
1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Engineer shall submit, for
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RFQ for Wayfinding Program
the Owner's and Monroe County Growth Management Division's information, a schedule for the
performance of the Engineer's services which may be adjusted as task order proceeds if
approved by the Owner, and shall include allowances for periods of time required for the
Owner's and Monroe County Growth Management Division's review, 4nd for approval of
submission by authorities having jurisdiction over the task order. Time limits established by this
schedule and approved by the Owner may not be exceeded by the Engineer except for delay
caused by events not within the control of the Engineer or foreseeable by him.
1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, 9rdinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to the
Engineer.
SCOPE OF ENGINEER'S BASIC SERVICE
2.1.1 The consultant will develop a wayfinding plan to direct vehicles, pedestrians and bicycles
to desired destinations along the scenic highway. Destinations may include parking, water access
points, recreational sites, historic and cultural centers, commercial centers, public facilities and
other relevant locations. Gateway signage is also a component of the program. The consultant
will be responsible for the planning, design, and preparation of a complete set of wayfinding
contract plans that will be used to install signs in the US 1 right of way and on county rights of
way. Consultant shall be also responsible for obtaining permits and approvals for the project.
Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.5, and other
services identified as part of Basic Services, and include normal, civil, structural, mechanical,
transportation, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans
and specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary to construct signage on the FDOT and county rights
of way. The Design for Construction shall be accurate, coordinated and in all respects adequate
for construction and shall be in conformity, and comply with all applicable law, codes, permits,
and regulations. Products, equipment and materials specified for use shall" be readily available
unless written authorization to the contrary is given by the Owner
2.1.3 These services shall include, but not be limited to: Preparation and completion of the
design program for space requirements and relationships, schematic design, resign development,
preparation of contract documents for bids, preparation and advertisement fbr Request for Bids,
tabulation and review of bids, recommendation of contract awards, cost estimating during design
and document preparation and presentations to the Monroe County Planning Department, the
Monroe County Commission and Florida Department of Transportation District 6.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Engineer shall review the County's program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the Owner.
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RF® for Wayfinding Program
2.2.2 The Engineer shall review with the Owner and Monroe County Planning Department
various approaches to design and construction of the Project.
2.2.3 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Engineer shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components.
2.2.4 Upon completion of the Schematic Design Phase, the Engineer shall provide drawings,
outline specifications, estimate of anticipated cost in accordance with the schematic designs, and
other documents for the Owner's approval.
2.2.5 The Schematic Design must be approved in writing, by the Monroe County Planning
Department prior to Engineer continuing to the Design Development Phase.
2.3.1 Upon completion of the Design Development Phase, the Engineer shall provide
drawings, outline specifications and other documents for the Owner's approval. The Engineer
shall provide an estimate of anticipated costs in accordance with the design development phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to
Engineer continuing to the Construction Documents Phase.
2.4.1 The Engineer shall provide Drawings and Specifications to the Monroe County Planning
Department for review.
2.4.2 The Engineer shall assist Monroe County Planning Department in the preparation of the
necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of
Agreement between the Owner and the Contractors.
2.4.3 The Engineer's construction documents (plans, specifications, etc.) will conform to all
written codes and regulations of the federal government, county, state, municipalities, agencies
and state departments, in effect at the date of this Agreement, and shall be of such completion as
to receive all permits when applied for. If permits are denied, then the Engineer will conform the
construction documents in such manner to receive permits upon such plans. Work required from
the Engineer to conform the documents to federal, state, city, county, or agency specifications
and permit requirements to allow them to be approved shall be completed at no charge or cost to
the Owner.
2.5.1 The Engineer, following the Owner's approval of the Construction Documents and the
Engineer's latest estimate of Construction Cost, shall assist the Monroe County Planning
Department in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.5.2 The Engineer shall assist the Monroe County Planning Department in issuing bidding
documents to bidders and conducting pre -bid conferences with prospective bidders. The
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RFQ for Wayfinding Program
Engineer, shall assist the Monroe County Planning and Purchasing Departments, to respond to
questions from bidders.
r0to] 0 " W Do 111"
3.1 'GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the Owner as provided in this agreement as an addition to the compensation paid
for the Basic Services but only if approved by the Owner before commencement, and as follows:
A. Providing services of Engineer for other than the previously listed consulting scope of
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting practice.
C. Providing representation before public bodies in connection with the task order, upon
approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner shall issue
a Ietter requesting and describing the requested services to the Engineer. The Engineer shall
respond with fee proposal to perform the requested services. Only after receiving an amendment
to the task order and a notice to proceed from the Owner shall the Engineer proceed with the
Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Growth Management Division to act on the
Owner's behalf with respects to the task orders. The Owner or Monroe County Growth
Management Division shaII render decisions in a timely manner pertaining to documents
submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of the Engineer's services. However, the parties acknowledge that due to Monroe
County Policy, Ordinances or State or Federal Statute there may be times when a decision must
be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its
representative.
4.2 The Owner shall furnish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the Engineer's services
and work of the contractors.
4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall
be solely for the purpose of determining whether such documents are generally consistent with
the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer
of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work
product.
i
RFQ for Wayfinding Program
5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Engineer covenants and agrees that he shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or
in connection with, (A) any activity of Engineer or any of its employees, agents, contractors in
any tier or other invitees during the term of this Agreement, (B) the negligence or willful
misconduct of Engineer or any of its employees, agents, contractors in any tier or other invitees,
or (C) Engineer's default in respect of any of the obligations that it undertakes under the terms of
this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
Engineer). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer
shall indemnify the County from any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Engineer is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE VI
' : YL ►7`f►1��1
The Engineer shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VII
7.1. PAYMENT
Terms of payment are as follows:
FtFQ for •r
Payment shall be made according to the Florida Local Government Prompt Payment Act.
Reimbursable expenses (travel, mileage, meals, lodging etc.) are not allowed as part of this
contract.
W� ail 11" Dy'i
7.3.1 The Engineer 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 Agreement 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 Monroe County Board of County
Commissioners.
7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at
a level sufficient to allow for continued reimbursement of expenditures for services specified in
this Contract or in the separate contracts for individual projects, the agreement may be
terminated immediately at the option of the County by written notice of termination delivered to
the Engineer. The County shall not be obligated to pay for any services provided by the
Engineer after the Engineer has received written notice of termination, unless otherwise required
by law.
7.3.3 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the transportation funding agency, the Monroe County Board of
County Commissioners and the approval of the Board members at the time of contract initiation
and its duration.
ARTICLE VIII
This contract is governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and performed entirely in the State. Venue for any mediation,
dispute conferences or litigation arising under this contract must be in Monroe County, Florida.
The Parties waive their rights to a trial by jury.
ARTICLE IX
The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it
delegate any of its duties hereunder without the written consent of the Owner. The Owner and
Engineer, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this Agreement.
RFQ for Wayfinding Program
ARTICLE X
NO TIURD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
Nothing contained herein shall create any relationship, contractual or otherwise, between the
parties which creates or gives rise to any rights in favor of, any third party.
The Engineer is and shall be an independent contractor in the performance of all work, services,
and activities under this Agreement and is not an employee, agent or servant of the County. The
Engineer shall exercise control over the means and manner in which it and its employees
perform the work and in all respects the Engineer's relationship and the relationship of its
employees to the County shall be that of an independent contractor and not as employees or
agents of the County. The Engineer does not have the power or authority to bind the County in
any promise, agreement or representation other than such power and authority that is specificaIIy
provided for in this Agreement.
ARTICLE XI
11.1 INSURANCE
11.1.1 The Engineer 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 Engineer's failure to purchase or maintain the required
insurance, the Engineer shall indemnify the County from any and all increased expenses
resulting from such delay.
11.1.2 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 within 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 written by an insurer acceptable to the County and shall be in a
form acceptable to the County.
11.1.3 Recognizing that the work governed by this contract requires the use of vehicles, the
Engineer, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for Owned, Non -Owned, and Hired Vehicles. The minimum limits acceptable
shall be $300,000 Combined Single Limit (CSL). If split limits are provided, the minimum
limits acceptable shall be $100,000 per Person, $300,000 per Occurrence, $ 50,000 Property
Damage
11.1.4 Commercial general IiabiIity 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 Engineer 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.
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AFQ for Wayfinding Program
11.1.5 Professional Iiability 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 "claims
made" policy, Engineer 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.
11.1.6 County shall be named as an additional insured with respect to Engineer's liabilities
hereunder in insurance coverage identified.
11.1.7 Engineer shall require its subconsultants to be adequately insured at least to the Iimits
prescribed above, and to any increased Iimits of Engineer if so required by County during the
term of this Agreement. County will not pay for increased limits of insurance for subconsultants.
11.1.8 Engineer shall provide to the County certificates of insurance or a copy of all insurance
policies including those naming the County as an additional insured by including any subsection
thereunder. The County reserves the right to require a certified copy of such policies upon
request.
12.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7)
days written notice to the other in the event that such other party negligently or for any reason
substantially fails to perform its material obligations set forth herein. No termination expenses
shall be paid by the Owner after the date of notice of termination.
12.2 The Owner may terminate this Contract without cause by giving the other party thirty
(30) days written notice of its intention to do so. Termination expenses shall include expenses
available under the contract through the date on the notice of termination and shall not include
any additional services required in order to stop performance of services, unless agreed to in
writing by the County and subject to audit for the purpose of verification.
ARTICLE XIII
ENTIRE AGREEMENT
13.1 This contract constitutes of the form of agreement, the exhibits that are attached and
made a part of the contract, the response document, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Engineer will control.
13.2 A person or affiliate who has been placed on the convicted vendor Iist following a
conviction for public entity crime may not submit a bid on contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor Iist.
14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
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RPQ for Wayfinding Program
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The
cost of mediation shall be shared equally. The parties agree that mediation is a condition
precedent to the institution of legal or equitable proceedings by either party. Request for
mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to
hear the dispute.
14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
14.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of County
Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction in Monroe County.
14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from
any court of competent jurisdiction ordering the parties to enter into mediation after institution of
legal or equitable proceedings.
14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which
arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a
dispute which may arise under this Agreement.
ARTICLE XV
111W 1 1 l
15.1 The following items are part of this contract:
a) Engineer 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 their 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 Engineer pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Engineer shall repay the monies together with interest calculated pursuant to F.S.
Sec. 55.03, running from the date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Engineer agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a
trial by jury. The County and Engineer agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or Iegal proceeding, pursuant to
thisagreement.
c) 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,
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covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Engineer 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.
d) Attorney's Fees and Costs. The County and Engineer 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 expenses, as an award against the non -prevailing party,
and shall include attorney's fees and courts costs expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Engineer and their respective
legal representatives, successors, and assigns.
f) 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. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Engineer and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Engineer agree that all
disputes and disagreements shall be attempted to be resolved under Section XVI of this
agreement. If no resolution can be agreed upon within 30 days after mediation, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
i) 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 Engineer 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 Engineer
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. Engineer and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. Engineer or County agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
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(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Engineer 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.
l) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, 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.
m) No Sol icitation/Payment. The Engineer and County warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Engineer agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The Engineer 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 Engineer and County in conjunction with this Agreement; and the Engineer shall have the
right to unilaterally cancel this Agreement upon violation of this provision by County.
o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the Engineer and the County in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
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extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) 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
Engineer and the County agree that neither the Engineer nor the County or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
s) Attestations. Engineer agrees to execute such documents as the County may
reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Engineer will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the Engineer pursuant thereto.
v) 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 Engineer 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 Engineer and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
w) 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 singing any such counterpart.
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x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
1) WITNESS TO Engineer's Signature:
M.
WITNESS Signature
Print Witness Name
Date:
2) WITNESS TO Engineer's Signature:
1'.'/Y'11►1�.Y►�.Y'�TI
Print Witness Name
Date:
fi`•1! i 1 11'' 1 '.
Mayor/Chairman
Date:
(INSERT NAME of Engineer)
v:
Signature of Corporate Agent
Date:
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SECTION THREE: COUNTY FORMS
Please follow the complete instructions to respondents specified in
Section 1 "Contractor Selection and Evaluation Process"
IwL*I;Lei � •T:Tir
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
o The Submission Response Form
o Lobbying and Conflict of Interest Clause
o Non -Collusion Affidavit
o Drug Free Workplace Form
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
In addition, I have included a current copy of the following professional and occupational
licenses:
Mailing Address:
Fax: Date:
Signed: Witness:
(Seal)
(Name)
(Title)
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1 1 1a lei 151
ti f- - •--� a r ••�
Ji a - •1 4W*1Wk AAJ ILOM
ETHICS CLAUSE
(Company)
"...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
•• •
Subscribed and sworn to (or affirmed) before me on
to me or has produced
identification) as identification.
(Signature)
,9
date) by
(name of affiant). He/She is personally known
NOTARY PUBLIC
My Commission Expires:
(type of
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NON -COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of perjury, depose and say that
according to law on
1 . 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
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
this affidavit in awarding contracts for said project.
�+101101
Subscribed and sworn to (or affirmed) before me on
m
known to me or has produced
of identification) as identification.
(Signature)
Date:
date)
(name of affiant). He/She is personally
(type
NOTARY PUBLIC I
My Commission Expires:
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(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'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be impaosed 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 contenderre 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.
(Signature)
Date:
STATE OF:
Subscribed and sworn to (or affirmed) before me on (date)
by
known to me or has produced
of identification) as identification.
(name of affiant). He/She is personally
NOTARY PUBLIC
My Commission Expires:
(type
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
STATE OF:
Subscribed and sworn to (or affirmed) before me on (date)
by
known to me or has produced
of identification) as identification.
(name of affiant). He/She is personally
�t If-11; -&19 M•]
My Commission Expires:
(type
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SECTION FOUR: INSURANCE REQUIREMENTS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY
and the COUNTY's elected and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents, contractors in
any tier or other invitees during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors in any tier or other
invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under
the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees
(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
In the event the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
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RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre -requisite of the work governed, the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the County as specified
below. Delays in the commencement of work, resulting from the failure of the Contractor to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions. Failure to comply with this provision may result in the immediate suspension
of all work until the required insurance has been reinstated or replaced. Delays in the completion
of work resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to
maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
0 Certificate of Insurance Or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
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the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from this General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
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PR®FESSI®NIAL LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
Contract, Professional Liability Insurance which will respond to damages resulting from any claim
arising out of the performance of professional services or any error or omission of the Contractor
arising out of the work governed by this Contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$1,000,000 Aggregate
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RESPONDENTS INSURANCE AND INDEMNIFICATION STATEMENT
Insurance Requirement Required Limits
Worker's Compensation and $100,000 Bodily Injury by Accident
Employers Liability $500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable
shall be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable
shall be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCO SULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B)
the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or
other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of
the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result
of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify
the County from any and all increased expenses resulting from such delay.ln the event the completion of
the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for
above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Date
Signature
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INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
Liability policies are Occurrence
Insurance Agency
� f ;
Signature
Print Name:
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority to
waive this provision.
And
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision -
making authority.
-38-
RFQ for Wayfinding Program
ONROE COUNTY, FLORIDA
Request
Of
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
-39-
RFQ for Wayfinding Program
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$100,000 Bodily Injury by Acc.
$500,000 Bodily Inj. by Disease, policy Imts
$100,000 Bodily Inj. by Disease, each emp.
$300,000 Combined Single Limit
Vehicle Liability $100,000 per Person
(Owned, non -owned and hired vehicles) $300,000 per Occurrence
$ 50,000 Property Damage
$300,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional
insured on all policies issued to satisfy the above requirements.
Em
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2010 Division: Growth Management
Bulk Item: Yes x No _ Department: Planning and Environmental Resources
Staff Contact Person/Phone #: Jane Tallman, ph. 509-0998
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Interpretive
Planning and Design Contracting Firms to Design, Fabricate, and Install Interpretive Panels for the
Florida Keys Scenic Highway, including 3 points for local preference out of 100 available points in the
evaluation criteria.
ITEM BACKGROUND: The Florida Keys Scenic Corridor Alliance and Monroe County as the
Local Agency Program (LAP) Agent were awarded a National Scenic Byways Grant for its proposed
Interpretive Panels Project which will provide $45,000 for the design, fabrication and installation of
Interpretive Panels at four (4) indoor visitor center locations on the Florida Keys Scenic Highway
corridor from Key West to Key Largo. Monroe County entered into a LAP Agreement with the FDOT
in July 2010 which provides the funding from this grant. As the funding is now encumbered, an RFP
must be issued to solicit a contractor for these services.
PREVIOUS RELEVANT BOCC ACTION: On April 21, 2010, the BOCC approved the execution
of the LAP Agreement with FDOT which provides funding from the National Scenic Byways Grant
Award for the Florida Keys Scenic Highway Interpretive Panels Project.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $45,000 INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: 0 SOURCE OF FUNDS: S0518-GW1002 (grant funded
throueh LAP Agreement with FDOT)
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
A 101 Z I w 0 �0101h-m
BY
INTERPRETIVE
P R' PLANNING DESIGN
CONTRACTING FIRMS
DESIGN,
to
FABRICATE, INSTALL INTERPRET
PANELS FOR THE FLORIDA KEYS SCENIC a
R '
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
Kim Wigington, District 1
Mario Di Gennaro, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT DIVISION
Danny L. Kolhage Christine Hurley, Director
October 2010
PREPARED BY:
Monroe County Planning Department
RFP for Interpretive Panels Project
NOTICE OF REQUEST FOR PROPOSALS
Request for Professional Services from Interpretive Planning and Design
Contracting Firms To Design, Fabricate, and Install Interpretive Panels for the
Florida Keys Scenic Highway
RFP-GMD-
The Board of County Commissioners of Monroe County, Florida, hereby requests sealed
proposals from qualified firms or individuals for interpretive planning and design
contracting services.
Interested firms are requested to indicate their interest by submitting a total of
seven (7), two (2) signed originals and five (5) complete copies of their proposals in a
sealed package clearly marked on the outside, "RFP — Design, Fabrication, and
Installation of Interpretive Panels for the Florida Keys Scenic Highway", addressed to
Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key
West, FL 33040, on or before 3:00 P.M. local time on . No
proposal packages will be accepted after 3:00 P.M. Faxed or e-mailed responses will
be automatically rejected. Responders should be aware that certain "express mail"
services will not guarantee specific time delivery to Key West, Florida. It is the sole
responsibility of each Responder to ensure its package is received in a timely fashion.
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website
www.demandstar.com or http://www.monroeCount-y-fl.gov/pap-es/msd/bids.htin
The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key
West, Florida.
All submissions must remain valid for a period of one -hundred -twenty (120) days from
the date of the deadline for submission stated above. The Board will automatically reject
the response of any person or affiliate who appears on the convicted vendor list prepared
by the Department of General Services, State of Florida, under Sec. 287133(3)(d),
Florida Statute (1997). Monroe County declares that all or portions of the documents and
work papers and other forms of deliverables pursuant to this request shall be subject to
reuse by the County.
Technical questions are to be directed, in writing to Jane Tallman, Monroe County Scenic
Highway Coordinator, 2798 Overseas Highway, Suite 410, Marathon, FL 33050, or
tallman-jane@,monroeCounty-fl.gov.
The Board reserves the right to reject any or all proposals, to waive informalities in the
responses and to re -advertise. The Board also reserves the right to separately accept or
reject any item or items of a response and to award and/or negotiate a contract in the best
interest of the County.
RFP for Interpretive Panels Project
Interested firms or individuals will be evaluated and selected by a committee composed
of the Monroe County Scenic Highway Coordinator, Transportation Planner, and
Planning Department Director or designees thereof. The committee will rank the
submittals in order of preference and present the results to the County Commission with a
recommendation to negotiate a contract with the preferred person/firm. No binding
contract is created between any person/firm and the County until a contract is approved
by the County Commission.
Dated at Key West, , 2010
Monroe County Purchasing Department
RFP for Interpretive Panels Project
TABLE OF CONTENTS
NOTICE OF REQUEST FOR PROPOSALS
SECTION ONE - Instruction to Respondents
SECTION TWO- Draft Agreement
SECTION THREE -County Forms
SECTION FOUR -Insurance Requirements
RFP for Interpretive Panels Project
1.01 DESCRIPTION
OBJECTIVE
The Growth Management Division of Monroe County, Florida, invites firms qualified in
interpretive planning and design to submit proposals for the design, fabrication, and installation of
four unique interpretive panels at specified visitor centers along the scenic highway.
PROJECT HISTORY
The US 1 corridor in the Florida Keys is designated as a National Scenic Byway and is the only
highway in the State of Florida which has received the elite "All -American Road" classification.
Subsequently, the Florida Keys Scenic Corridor Alliance (FKSCA) and Monroe County (County)
as the LAP agent were awarded a National Scenic Byways Grant for its proposed Interpretive
Panels project.
SCOPE OF WORK
The County is seeking a contracting firm qualified in interpretive planning and design to design,
fabricate, and install four unique interpretive panels at specified visitor centers along the Florida
Keys Scenic Highway. They are to be installed inside the buildings so as to be protected from
severe weather events and the natural elements. The interpretive panels shall be consistent with
the scenic highway vision outlined in the Florida Keys Scenic Highway (FKSH) Corridor
Management Plan and Interpretive Master Plan, links to which can be found at
www.scenichighwayflkeys.com. The intention is for the interpretive panels to enhance travelers'
overall corridor experience by providing maps, points of interest and activities for each area in a
multi-lingual format.
The funding for this project is through a Local Agency Program (LAP) Agreement with the
Florida Department of Transportation (FDOT). The total project cost is not to exceed $45,000
and must be completed by May 31, 2011. The Contractor shall submit invoices with a progress
report of activities on a monthly basis until the work under this agreement is completed (on or
before May 31, 2011). Reimbursable expenses (travel, mileage, meals, lodging etc.) are not
allowed as part of this contract.
The Contractor will conceptualize the interpretive message and draft the interpretive text in
coordination with the FKSCA project subcommittee, the Monroe County Scenic Highway
Coordinator, and subject -matter experts. The Contractor will conduct at least one meeting in
person in the Florida Keys with the FKSCA project subcommittee and the Monroe County Scenic
Highway Coordinator after the contract is awarded. The Contractor will also conduct site visits to
the visitor centers to assess the general area and the specific panel locations. Using agreed upon
elements, brand identity and style vocabulary will be established. These design elements should
highlight the FKSH's character and intrinsic qualities. The Contractor will propose the panel
materials to use and method of installation. The County must approve all panel specifications,
design, and text prior to fabrication.
In addition to fabrication and installation of the four panels, all designs must be provided to the
County and FKSCA in PDF format and the graphics formats appropriate to the manufacturing of
the panels. Monroe County, as owner, shall receive and retain all rights to copyright, trademark,
RFP for Interpretive Panels Project
or other intellectual property rights to the work product created pursuant to this contract. All
rights to reproduction belong to Owner. Contractor shah not be entitled or allowed to use any
portion of the design or copy produced for this project for any purpose without the express
permission of Owner.
CONTRACTOR SELECTION AND EVALUATION PROCESS
Interested firms or individuals will be evaluated and selected by a committee composed of the
Monroe County Scenic Highway Coordinator, Transportation Planner, and PIanning Department
Director or designees thereof.
The committee will evaluate responses based on the following criteria:
1. Demonstrated technical, educational, and training experience of the assigned staff in
interpretive planning and design. (3 0 pts)
2. FamiIiarity with National Scenic Byway and Florida Scenic Highway programs and past
experience working on similar projects. (10 pts)
3. Familiarity with general project area and Florida Keys. (10 pts)
4. Project approach reflects clear understanding of project needs and necessary activities. (20
pts)
5. Completeness of RFP response. (5 pts)
6. Proposed cost of services. (22 pts)
7. Local business preference: respondent has a Monroe County business license and a
physical business address within Monroe County (see Local Preference Form). (3 pts)
The selection and recommendation will be presented to the Board of County Commissioners for
final decision. If no contract can be negotiated with the first ranked firm, the Board reserves the
right to negotiate with the next selected firm. Monroe County reserves the right to reject any and
all submittals, waive any irregularities, re -issue all or part of the RFP, and/or not award any
contract, all at its discretion and without penalty.
FORMAT
The proposal submitted in response to this RFP shall be printed on 8-1 /2" x I I" white
paper and bound; it shall be clear and concise and provide the information requested
herein. Statements submitted without the required information wiII not be considered.
Responses shall be organized as indicated below. The Respondent should not withhold
any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be
solicited. Each Respondent must submit adequate documentation to certify the
Respondent's compliance with the County's requirements. Respondents should focus
specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
A. Cover Page
A cover page that reads "Response to Request for Proposals to Design, Fabricate, and Install
Interpretive Panels for the Florida Keys Scenic Highway." The cover page should contain
Respondent's name, address, telephone number, and the name of the Respondent's contact
person.
6
RFP for Interpretive Panels Project
B. Tabbed Sections
Tab 1. General Information.
I. The history of the firm, its corporate structure, and years in business and location of
offices.
11. A list of the officers and directors of the respondent.
Tab 2. Introduction - An introductory letter on firm letterhead indicating name of firm,
contact person, phone, fax, e-mail, type of business entity, and a short statement summarizing
the strengths of the firm/team as it relates to this project.
Tab 3. Experience - A description of the firm's relevant experience and capabilities, with a
description of comparable projects including, contact names, phone numbers, dates, budget
and outcome.
Tab 4. Project Team - Project team organization, names and resumes (5 pages maximum) of
team members including those consultants who will manage and perform the work
Tab 5. Work PIan - A clear description of how the consultant will complete the scope of
services and the format to be used for communication and presentation. This should include
but not be limited to:
• A description of base information needed for the completion of the project.
• A description of the specific approach to the project, and the strategy in
establishing priorities, managing conflicting opinions and obtaining consensus.
• A timeline and description of project phases.
41 If subcontractors will be used, provide names and contact information.
Tab 6. Cost Summary - Provide a breakdown of the cost for each phase and component of
the study. Provide hourly rates and conditions for any additional work beyond the scope of
work specified.
Tab 7. Additional Information - Provide any additional pertinent information that would be
helpful in the consideration of your response.
Tab 8. Litigation
I. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
11. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the respondent, or its officers or general partners? (If yes, provide
details.)
III. Has the respondent, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services similar
to those requested in the RFP? (If yes, the Respondent shall provide a history of any
past or pending claims and litigation in which the Respondent is involved as a result of
the provision of the same or similar services which are requested or described herein.)
IV. Has the respondent ever initiated litigation against the County or been sued by the
County in connection with a contract to provide services, goods or construction
services? (If yes, provide details.)
RFP for Interpretive Panels Project
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder
or major creditor of the respondent was an officer, general partner, controlling
shareholder or major creditor of any other entity that failed to perform services or
furnish goods similar to those sought in the request for proposals.
Tab 9. County Forms and Licenses. Respondent shall complete and execute the forms
specified below and found at designated pages in this RFP, as well as copies of all
professional and occupational licenses:
I. Submission Response Form
II. Lobbying and Conflict of Interest Clause
III. Non -Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Local Preference Form (if applicable)
VII. Respondent's Insurance and Indemnification Statement
VIII. Insurance Agent's Statement, and
IX. Professional and Occupational Licenses
1.02 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal Documents will be issued and used in
preparing responses. The County does not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Proposal Documents may be obtained in the manner and at
the locations stated in the Notice of Proposal Statement.
1.03 PROPOSAL REQUIREMENTS
See Notice of Requests for Proposals
Interested firms are requested to indicate their interest by submitting a total of seven (7),
two (2) signed originals and five (5) complete copies of their proposals in a sealed package
clearly marked on the outside, "RFP — Design, Fabrication, and Installation of Interpretive
Panels for the Florida Keys Scenic Highway", addressed to Monroe County Purchasing
Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00
P.M. local time on November 1, 2010. No proposal packages will be accepted after 3:00
P.M. Faxed or e-mailed responses will be automaticauy rejected. Responders should be
aware that certain "express mail" services will not guarantee specific time delivery to Key West,
Florida. It is the sole responsibility of each Responder to ensure its package is received in a
timely fashion.
A bid bond is not required. Payment and performance bonds are not required.
There is no pre -bid meeting.
12
RFP for Interpretive Panels Project
1.04 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposals package
in response to this invitation must execute the enclosed NON -COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the Respondents,
the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future bids for the same
work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
Proposals on leases or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a proposals
package in response to this invitation must execute the enclosed DRUG -FREE
WORKPLACE FORM and submit it with his response. Failure to complete
this form in every detail and submit it with your proposals package may result
in immediate disqualification of your submittal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a proposals package in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit
it with his bid or proposal. Failure to complete this form in every detail and
submit it with the package may result in immediate disqualification.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP and other contract
documents, and inform themselves thoroughly regarding any and all conditions
and requirements that may in any manner affect cost, progress, or performance
of the work to be performed under the contract. Ignorance on the part of the
Respondent will in no way relieve them of the obligations and responsibilities
assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from,
the specifications, or should he be in doubt as to their meaning, respondents
shall at once notify the COUNTY.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days
prior to the date fixed for opening of responses will be given consideration. All such
changes or interpretation will be made in writing in the form of an addendum and, if
issued, will be mailed or sent by available means to all known prospective Respondents
prior to the established opening date. Each Respondent shall acknowledge receipt of such
9
RPP for Interpretive Panels Project
addenda in their submittal. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his response will nevertheless be construed as though it had been
received and acknowledged and the submission of his response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents
and each Respondent will be bound by such addenda, whether or not received by him. It
is the responsibility of each Respondent to verify that he has received all addenda issued
before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any manner
affect the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business
as ", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm" should be written beneath such signature. If the Respondent
is a corporation, the title of the officer signing the submittal on behalf of the corporation
must be stated along with the Corporation Seal Stamp and evidence of his authority to sign
must be submitted. The Respondent shall state in the response the name and address of
each person interested therein.
1.09 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
1.10 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and
announced at the appointed time and place stated in the Notice of Request for Proposals.
Monroe County's representative authorized to open the responses will decide when the
specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondents, or their authorized agents, are invited to
be present.
1.11 DETERMINATION OF SUCCESSFUL RESPONDENT
A. The County reserves the right to reject any and all responses and to waive
technical errors and irregularities as may be deemed best for the interests of the
County. Responses which contain modifications, are incomplete, unbalanced,
conditional, obscure, or which contain additions not requested or irregularities
H
RPP for Interpretive Panels Project
of any kind, or which do not comply in every respect with the Instructions, and
the contract documents, may be rejected at the option of the County.
B. The County shall consider preference to local businesses in making a purchase
or awarding a contract who meet the criteria for a local business as defined by
Section 2-349 of the Monroe County Code. Individuals or firms which meet
all the criteria in Section 2-349 of the Monroe County Code and are a
responsive and responsible respondent shall receive local preference and shall
be given three points in the scoring criteria.
C. The application of local preference may be waived upon written
recommendation by the County and approval by the Monroe County Board of
County Commissioners at the time of Award of Contract. Waiver of the
application of the local preference is based upon analysis of the marketplace
and in consideration of the special or unique quality of goods, services, or
professional services sought to be purchased by the County.
D. The County may conduct such investigations as it deems necessary to assist in
the evaluation of any Response and to establish the responsibility,
qualifications, and financial ability of the Responders, proposed
subcontractors, and other persons or organizations to do the Work in
accordance with the Contract Documents to the County's satisfaction within
the prescribed time.
1.12 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for each service area
and to waive any informality in any response, or to re -advertise for all or part
of the work contemplated. If responses are found to be acceptable by the
Owner, written notice will be given to the selected Respondent of the award of
contract(s).
B. If the award of a contract is annulled, the County may award the contract to
another Respondent or the work may be re -advertised or may be performed by
other qualified personnel as the County decides.
C. A contract will be awarded to the Respondent deemed to provide the services
which are in the best interest of the County, considering price, qualifications,
time frame, and other factors deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
E. The recommendations of the County Administrator or his designee will be
presented to the Board of County Commissioners of Monroe County, Florida,
for final awarding or otherwise.
1.13 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage as indicated on the
attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of bid, with Monroe County BOCC listed as additionally insured on all except
Workers Compensation. If the proper insurance forms are not received within the fifteen (15)
days, the contract may be awarded to the next selected Respondent.The Contractor shall defend,
indemnify, and hold harmless the County as outlined on the attached form.
11
RFP for Interpretive Panels Project
SECTION TWO: DRAFT CONTRACT
These contract documents should be used only after consultation with counsel. The documents are not
intended as legal advice appropriate to any specific situation, nor do they purport to address all issues
which may arise between the contracting parties. The documents should be amended or supplemented
where appropriate.
CONTRACTFOR
PROFESSIONAL SERVICES
BETWEEN OWNER ,AND CONTRACTOR
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
CONTRACTOR (the "Contract" or "Agreement") is made and entered into by Monroe County
("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County
Board Of County Commissioners ("BOCC"), and , the ("Contractor").,
whose address is , its successors and assigns on the _ day of , 2010.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Contractor agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Contractor makes the following express representations and
warranties to the Owner:
1.1.1 The Contractor is a professional qualified to act as the Contractor for the assignment and
is licensed to practice Contracting by all public entities having jurisdiction over the Contractor
and the assignment;
1.1.2 The Contractor shall maintain all necessary licenses, permits or other authorizations
necessary to act as Contractor for the assignment until the Contractor's duties hereunder have
been fully satisfied;
1.1.3 The Contractor shall prepare all documents that may be developed under this Contract
including, but not Iimited to, all contract plans and specifications, in such a manner that they shall
be in conformity and comply with all applicable law, codes and regulations. The Contractor
warrants that any documents prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the task order, therefore, eliminating any additional construction cost
due to missing or incorrect design elements in the contract documents;
1.1.4 The Contractor assumes full responsibility to the extent allowed by Iaw with regards to his
performance and those directly under his employ as Contractor of Record.
12
RFP for Interpretive Panels Project
1.1.5 The Contractor's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Contractor shall submit, for
the Owner's and Monroe County Growth Management Division's information, a schedule for the
performance of the Contractor's services which may be adjusted by task order as the work
proceeds if approved by the Owner, and shall include allowances for periods of time required for
the Owner's and Monroe County Growth Management Division's review, and for approval of
submission by authorities having jurisdiction over the services. These adjustments shall not be
considered modifications of the contract and may be approved by the Monroe County Growth
Management Division Director. Time limits established by this schedule and approved by the
Owner may not be exceeded by the Contractor except for delay caused by events not within the
control of the Contractor or foreseeable by him.
1.1.5 In providing all services pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to the
Contractor.
ARTICLE II
SCOPE OF CONTRACTOR'S BASIC SERVICE
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A: Scope
of Work. The CONTRACTOR shall commence work on the services provided for in this
Agreement promptly upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its
subCONTRACTORs, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
To the County: Christine Hurley, Division Director
Monroe County Growth Management Director
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 205
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RFP for Interpretive Panels Project
Key West, FL 33040
ARTICLE III
OWNER'S RESPONSIBILITIES
3.1 The Owner shall designate Monroe County Growth Management Division to act on the
Owner's behalf with respect to the task orders. The Owner or Monroe County Growth
Management Division shall render decisions in a timely manner pertaining to documents
submitted by the Contractor in order to avoid unreasonable delay in the orderly and sequential
progress of the Contractor's services. However, the parties acknowledge that due to Monroe
County Policy, Ordinances or State or Federal Statute there may be times when a decision must
be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its
representative.
3.2 The Owner shall fumish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the Contractor's services
and work of the contractors.
3.3 The Owner's review of any documents prepared by the Contractor or its consultants shall
be solely for the purpose of determining whether such documents are generally consistent with
the Owner's criteria, as and if, modified. No review of such documents shall relieve the
Contractor of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and
the COUNTY's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any Iitigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), Ioss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in connection
with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or
other invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs
or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than
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CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE V
5.1 PERSONNEL
The Contractor shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VI
6.1 TIME OF COMPLETION
The services to be rendered by the CONTRACTOR shall be commenced upon written notice
from the COUNTY and the work shall be completed by May 31, 2011, in accordance with the
schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in
a signed document, by the mutual consent of the COUNTY and CONTRACTOR.
ARTICLE VII
7.1 COMPENSATION
The maximum compensation available to the CONTRACTOR under this agreement is
$45,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work
within the Scope of Service according to product delivered. Compensation shall be only for the
amount of work completed, regardless of the cause of any delay.
7.2 PAYMENT TO CONTRACTOR
7.2.1 Payment will be made according to the Local Government Prompt Payment Act. Any
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request for payment must be in a form satisfactory to the County CIerk (Clerk). Requests for
payment must describe in detail the services performed and the payment amount requested. The
CONTRACTOR must submit to the COUNTY Project Manager, who will review the request.
The Project Manager shall note his/her approval on the request and forward it to the Clerk for
payment. If request for payment is not approved, the Project Manager must inform the
CONTRACTOR in writing that must include an explanation of the deficiency that caused the
disapproval of the request.
7.2.2 CONTRACTOR shall submit invoices with a progress report of activities on a monthly
basis until the work under this agreement is completed (on or before May 31, 2011).
7.2.3 CONTRACTOR shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are due) this
agreement or subsequent Work Assignment without the written consent of the COUNTY, except
to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this
Iimitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this agreement.
7.3 REIMBURSABLE EXPENSES
Reimbursable expenses (travel, mileage, meals, lodging etc.) are not allowed as part of this
contract.
7.4 BUDGET
7.4.1 The Contractor 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 Agreement 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.
7.5 AVAILABILITY OF FUNDS
7.5.1 If funding cannot be obtained or cannot be continued at a level sufficient to allow for
continued reimbursement of expenditures for services specified in this Contract or in the separate
contracts for individual projects, the agreement may be terminated immediately at the option of
the County by written notice of termination delivered to the Contractor. The County shall not be
obligated to pay for any services provided by the Contractor after the Contractor has received
written notice of termination, unless otherwise required by law.
7.5.2 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Florida Department of Transportation and the Board of County
Commissioners and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
8.1 OWNERSHIP
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Monroe County, as owner, shall receive and retain all rights to copyright, trademark, or other
intellectual property rights to the work product created pursuant to this contract. All rights to
reproduction belong to Owner. Contractor shall not be entitled or allowed to use any portion of
the design or copy produced for this project for any purpose without the express permission of
Owner.
ARTICLE IX
9.1 SUCCESSORS AND ASSIGNS
The Contractor shall not assign its right hereunder, excepting its right to payment, nor shall it
delegate any of its duties hereunder without the written consent of the Owner. The Owner and
Contractor, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this Agreement.
ARTICLE X
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
10.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between the
parties which creates or gives rise to any rights in favor of, any third party.
10.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Contractor is and shall be an independent contractor in the performance of all work, services,
and activities under this Agreement and is not an employee, agent or servant of the County. The
Contractor shall exercise control over the means and manner in which it and its employees
perform the work and in all respects the Contractor's relationship and the relationship of its
employees to the County shall be that of an independent contractor and not as employees or
agents of the County. The Contractor does not have the power or authority to bind the County in
any promise, agreement or representation other than such power and authority that is specifically
provided for in this Agreement.
ARTICLE XI
INSURANCE POLICIES
11.1 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND
SUBCONTRACTORS
As a pre -requisite of the work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONTRACTOR will ensure that the insurance obtained will extend protection to all
Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may
require all Subcontractors to obtain insurance consistent with the attached schedules.
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The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre -staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the COUNTY as specified below. Delays in the commencement
of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the
required insurance, shall not extend deadlines specified in this contract and any penalties and
failture to perform assessments shall be imposed as if the work commenced on the specified date
and time, except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work had
not been suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any Iiability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
11.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
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$300,000 Combined Single Limit (CSL)
If split Iimits are provided, the minimum Iimits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a CIaims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
11.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split Iimits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
11.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall have proof
of Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not
less than:
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$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized
self -insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance
Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
ARTICLE XII
TERMINATION
12.1 Either party hereto may terminate this contract prior to expiration upon giving fifteen (15)
days written notice to the other in the event that such other party negligently or for any reason
substantially fails to perform its material obligations set forth herein. No termination expenses
shall be paid by the Owner after the date of notice of termination.
12.2 The Owner may terminate this Contract without cause by giving the other party thirty (30)
days written notice of its intention to do so. Termination expenses shall include expenses
available under the contract through the date on the notice of termination and shall not include
any additional services required in order to stop performance of services, unless agreed to in
writing by the County and subject to audit for the purpose of verification.
ARTICLE XIII
ENTIRE AGREEMENT
13.1 This contract constitutes of the form of agreement, the exhibits that are attached and made
a part of the contract, the response document, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Contractor will control.
13.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the property
to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
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ARTICLE XIV
DISPUTE RESOLUTION
14.1 County and Contractor agree that all disputes and disagreements shall first 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 submitted to mediation before a mediator mutually agreed to by the parties. The
cost of mediation shall be shared equally. The parties agree that mediation is a condition
precedent to the institution of legal or equitable proceedings by either party. Request for
mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to
hear the dispute.
14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the location
may be moved only by mutual agreement of the parties.
14.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of County
Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction in Monroe County.
14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from
any court of competent jurisdiction ordering the parties to enter into mediation after institution of
legal or equitable proceedings.
14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which
arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a
dispute which may arise under this Agreement.
ARTICLE XV
Additional Requirements
15.1 The following items are part of this contract:
a) Contractor 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 their 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
Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03,
running from the date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Contractor agree that venue will lie in the appropriate court or before the appropriate
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administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury.
The County and Contractor agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding, pursuant to this agreement.
c) 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 Iaw 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 Contractor 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.
d) Attorney's Fees and Costs. The County and Contractor 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 expenses, as an award against the non -prevailing party,
and shall include attorney's fees and courts costs expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) 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. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved under Section XVI of this
agreement. If no resolution can be agreed upon within 30 days after mediation, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
i) 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 Contractor 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 Contractor
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specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. Contractor and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
Contractor or County agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not Iimited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
k) Covenant of No Interest. Contractor 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.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and wiII 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 with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
m) No Solicitation/Payment. The Contractor and County warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
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n) Public Access. The Contractor 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 Contractor and County in conjunction with this Agreement; and the Contractor shall have
the right to unilaterally cancel this Agreement upon violation of this provision by County.
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
Iiability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) 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 Iaw 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 Iaw.
r) 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 Contractor
and the County agree that neither the Contractor nor the County or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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u) Americans with Disabilities Act of 1990 (ADA). The Contractor will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the Contractor pursuant thereto.
v) 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 Contractor 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 Contractor and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
w) 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 singing any such counterpart.
x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CIerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
(INSERT NAME of Contractor)
By:
Signature and Title
Print Name
Date:
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1) WITNESS TO Contractor's Signature:
WITNESS Signature
Print Witness Name
Date:
2) WITNESS TO Contractor's Signature:
WITNESS Signature
Print Witness Name
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
before me this day of , 2010 by , as
President of and for Advanced Data Solutions, Inc. who is E ] personally known to me, or who E
] has produced a drivers license as identification.
Notary Public
SEAL My commission expires
END OF AGREEMENT
RFP for Interpretive Panels Project
ATTACHMENT A
DRAFT
�Y4I1) W QW 11
SCOPE OF WORK
The County is seeking a contracting firm qualified in interpretive planning and design to design,
fabricate, and install four unique interpretive panels at specified visitor centers along the Florida
Keys Scenic Highway. They are to be installed inside the buildings so as to be protected from
severe weather events and the natural elements. The interpretive panels shall be consistent with
the scenic highway vision outlined in the Florida Keys Scenic Highway (FKSH) Corridor
Management Plan and Interpretive Master Plan, Iinks to which can be found at
www.scenichighwayflkeys.com. The intention is for the interpretive panels to enhance the
travelers overall corridor experience by providing maps, points of interest and activities for each
area in a multi-IinguaI format.
The funding for this project is through a Local Agency Program (LAP) Agreement with the
Florida Department of Transportation (FDOT). The total project cost is not to exceed $45,000,
and the Contractor will be paid for services upon completion of the contract. Reimbursable
expenses (travel, mileage, meals, Iodging etc.) are not allowed as part of this contract. The dates
of performance wiII be specified in the contract.
The Contractor will conceptualize the interpretive message and draft` the interpretive text in
coordination with the FKSCA project subcommittee, the Monroe County Scenic Highway
Coordinator, and subject -matter experts. The Contractor will conduct at Ieast one meeting in
person in the Florida Keys with the FKSCA project subcommittee and the Monroe County Scenic
Highway Coordinator after the contract is awarded. The Contractor will also conduct site visits to
the visitor centers to assess the general area and the specific panel Iocations. Using agreed upon
elements, brand identity and style vocabulary will be established. These design elements should
highlight the FKSH's character and intrinsic qualities. The Contractor will propose the panel
materials to use and method of installation. The County must approve all panel specifications,
design, and text prior to fabrication.
In addition to fabrication and installation of the four panels, all designs must be provided to the
County and FKSCA in PDF format and the graphics formats appropriate to the manufacturing of
the signs. The County shall exclusively own all rights to reproduce all text and graphics created
under this contract. The Contractor will not have the right to reproduce the panels, text, or
graphics created under this contract.
(the remainder of the page intentionally left blank)
27
RFP for Interpretive Panels Project
SECTION THREE: COUNTY FORMS
Please follow the complete instructions to respondents specified in
Section ' "Contractor Selection and Evaluation Process"
[V**1910Iti-1:27fl:li,
RESPOND TO: MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance Requirements
• Local Preference Form (if applicable)
(Check mark items above, as reminder that they are included)
In addition, I have included a current copy of the following professional and occupational
licenses:
List cost breakdown by major project task inclusive of all travel and other expenses (there will be
no reimbursable expense items).
Task
Cost
Design
Fabrication
Installation
T
Mailing Address:
Signed:
(Name)
(Title)
Telephone:
Fax:
Date:
Witness:
(Seal)
28
RFP for Interpretive Panels Project
ETHICS CLAUSE
(Company)
"...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
to me or has produced
identification) as identification.
(name of affiant). He/She is personally known
NOTARY PUBLIC
My Commission Expires:
(type of
NE
RFP for Interpretive Panels Project
NON -COLLUSION AFFIDAVIT
I, of the city of according to law on my
oath, and under penalty of perjury, depose and say that
I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
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
this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
date)
by (name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
Im
RFP for Interpretive Panels Project
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(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' policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be impaosed 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 contenderre 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)
by (name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
31
RFP for Interpretive Panels Project
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period
of 36 months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)
by (name of affiant). He/She is personally
known to me or has produced
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
(type of
2
RFP for Interpretive Panels Project
010101 Ili DICLO Do KIT"Mu
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to
complete this form will result in disqualification from receiving local vendor preference.
Name of Bidder/Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? _ (Please famish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County?
List Address:
Telephone Number-
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local
businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least
one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of 20_ , before me, the undersigned notary public, personally appeared
— ________ _________ _________ __________ _ known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the above
Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
33
RFP for Interpretive Panels Project
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and
the COUNTY's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in connection
with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or
other invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs
or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
M
RFP for Interpretive Panels Project
GENERAL INSURANCE REQUIREMENTS
FOR
CONTRACTORS AND SUBCONTRACTORS
As a pre -requisite of the work governed, the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the County as specified
below. Delays in the commencement of work, resulting from the failure of the Contractor to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions. Failure to comply with this provision may result in the immediate suspension
of all work until the required insurance has been reinstated or replaced. Delays in the completion
of work resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to
maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance Or
• A Certified copy of the actual insurance policy_
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from this General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
35
RFP for Interpretive Panels Project
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
W
RFP for Interpretive Panels Project
GENERAL LIABILITY
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
ICI
RFP for Interpretive Panels Project
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
10
RFP for Interpretive Panels Project
RESPONDENT'S INSURANCE AND INDEMNIFICATION STATEMENT
Insurance Requirement ReAuired Limits
Worker's Compensation and $100,000 Bodily Injury by Accident
Employers Liability S500,000 Bodily Injury by Disease, policy limits
S 100,000 Bodily Injury by Disease, each employee
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent
covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Respondent or any of its employees, agents; contractors in any tier or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its employees, agents,
respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than RESPONDENT). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of the
Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from
any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of the
Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from
any and all increased expenses resulting from such delay
The first ten dollars ($10,00) of remuneration paid to the Respondent is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere
within this agreement.
RL'SPONDEN"U'S STATFnM NT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Signature
Date
39
RFP for Interpretive Panels Project
INSURANCE AGENT'S STATEMENT
have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
Liability policies are Occurrence
Insurance Agency
DEDUCTIBLES
Signature
Print Name:
Claims Made
40
RFP for Interpretive Panels Project
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority to
waive this provision.
And
+ The Indemnification and Hold Harmless provisions
Waivinq_of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision -
making authority.
IF
RFP for interpretive Panels Project
REQUEST FOR WAIVER
OF
INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
SIGNATURE
2
RP for Interpretive Panels Project
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$100,000 Bodily Injury by Acc.
$500,000 Bodily Inj. by Disease, policy Imts
$100,000 Bodily Inj. by Disease, each amp.
$300,000 Combined Single Limit
Vehicle Liability $100,000 per Person
(Owned, non -owned and hired vehicles) $300,000 per Occurrence
$ 50,000 Property Damage
$300,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional
insured on all policies issued to satisfy the above requirements.
43
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"10.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Pag® 1
FPN: ag�i� ~ + Fund:
Federal No: _ _'(r5j3 0 _ Org Code: 30 9
FPN:
FLAIR Approp:
FLAIR Obj:
Fund:
FLAIR A ro
p p.
Federal No: Org Code:
FPN: Fund:
FLAIR Op
FLAIR A l.
p:
Federal No:
Or Code:
g
FPN: Fund:
FLAIR Opbj:pro
Federal No: Org Code:
FLAIR A P
FLAIR Obj:
County No: Contract No: _ 17'2- fi
Data Universal Number System (DUNS) No: 80-939-7102
Vendor No: 7 y Z
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this 14
day of luin 4e—
2010 by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and Monroe County Board County
of Commissioners hereinafter
called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Florida
Keys _Scenic Highway Interpretive Panels Grant and as further described in Exhibit "A" attached hereto and by this
reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the
Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
1.01 Attachments: Exhibit(s) A and B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency- Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWAj withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP
projects.
Removal of All Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52S-01"0
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03/07
Page 2
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30. 2011. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 45,000. This amount is based upon the schedule of funding in Exhibit
"B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred, See
Exhibit W for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency;, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
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contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to -Proceed from the Department.
3.07 Limits on Federal Particlpatlon: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). if FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be bome by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: in addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 216.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. in the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -speck audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph i the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. if the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part ii - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
in the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. in determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass -through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111�'Avenue
Miami, FL 33172
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville, IN 47132
c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111th Avenue
Miami, FL 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
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Letters issued by the auditor, to the Department at each of the following addresses:
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111 th Avenue
Miami, FL 33172
3, Copies of the financial reporting package required by Part iI of this Agreement shall be submitted by or on behalf
of the recipient dir_ ectiv to each of the following:
a) The Department at each of the following address(es):
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111 th Avenue
Miami, FL 33172
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part Iii of this Agreement shall be submitted by or on
behalf of the recipient dir_ ectly to:
a) The Department at each of the following address(es):
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111th Avenue
Miami, FL 33172
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor Genera
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
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The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October i through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(i)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: it is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. in this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
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national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Pan` 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and tabor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of an
discriminate against an employee or a applicant for employment ry g Y project, the Agency shall not
9 Ypp p yment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
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has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: if any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: in the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. l`ailure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFiOE
03/07
Page 11
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecfpients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
800-848-3792. Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1-
STATE OF FLORfDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03/07
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY MO E COUN
BOAR. C UN CO 10 STATE OF FL RID EPARTMENT OF TRANSPORTATION
By`T
By:
Syly grphy Name
Ti may Chairman Title: ¢r
Attest. D.C. Attest: V;164—
277
Tit(w.'DAm6j L. Kolhage, C er Title: t P-,* 00-
As to form:
Attorney
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
MtONROE 0IONry RNEV
APPROV AS T FORIW
STATE OF FLOP DA OEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL. AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08/08
Pape
EXHIBIT "A"
FPN: 428017-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County Board of -County Commissioners
Dated
PROJECT LOCATION:
The project is x is not on the National Highway System.
The project xis is not on the State Highway System.
PROJECT DESCRIPTION:
The Florida Keys Scenic Corridor Alliance and Monroe County as the LAP agent were awarded a National Scenic Byways
Grant for its proposed Interpretive Panels project, The funding is for design, fabrication, and installation of Interpretive
Panels along the Florida Keys Scenic Highway corridor from Key west to Key Largo.
SPECIAL CONSIDERATIONS BY AGENCY:
None
None
STATE OF FLORIEM OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN:
Monroe County Board of County Commissioners 1428017-1
PROJECT DESCRIPTION
Name -Florida Keys Scenic Highway Interpretive Panels
Termini: SR 5/USI/Oy@rseas Hwy F or de Ke S eni
TYPE OF WORK By Fiscal Year
Planning
2009-2010
2010-2011
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
2009-2010
Total Design Cost
Right -of -Way
2008-2009
2009-2010
Total Rlaht
Construction
2008-2009
2009-2010
2010-2011
Total Construction Cast
Construction Engineering and Inspection (CEI)
2008-2009
2009-2010
2010-2011
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
PROJECT MANAGEMENT OFFICE
OW06
Page
TOTAL .... AGENCY (3}
STATE &
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Meeting Date: October 20, 2010
Bulk Item: Yes X No
Division: Growth Management
Department:
Staff Contact Person/Phone #: Susan Grimslev
289-2500 / Mark Rosch 295-5180
AGENDA ITEM WORDING: Approval of Agreement for Termination of Lot Aggregation
Restrictive Covenant between Martha Hernandez and Monroe County dated January 25, 2007.
ITEM BACKGROUND: Martha Hernandez has an active building pen -nit to build one single-family
residence on two Tier 1 lots in Harris Ocean Park Estates in Tavernier. The lots are encumbered with a
Lot Aggregation Restrictive Covenant in favor of Monroe County.
Ms. Hernandez no longer wants to build and has entered into a contract to sell one of the subject lots
(Block 5, Lot 39) to the Land Authority. Ms. Hernandez also plans to sell the other subject lot (Block
5, Lot 8) to adjoining homeowner Scott Austin at a simultaneous closing. These transactions cannot
occur unless the County terminates the Lot Aggregation Restrictive Covenant.
Execution and recording of the proposed agreement will have the effect of terminating both the Lot
Aggregation Restrictive Covenant and the associated building permit issued to Ms. Hernandez. The
agreement will not be recorded and the building permit will not be terminated until the referenced real
estate transactions close.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: n/a BUDGETED: Yes No
COST TO 1UNTY: SOURC1',FUNDS:
APPROVED Y: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGEN
Prepared By:
Larry R. Erskine
1200 Truman Avenue, Suite 207
Key West, Florida 33040
AGREEMENT FOR TERMINATION OF
LOT AGGREGATION RESTRICTIVE COVENANT
THIS AGREEMENT FOR TERMINATION OF LOT AGGREGATION RESTRICTIVE
COVENANT (hereinafter "Agreement') is entered into on the day of ,
2010, by and between Martha Hernandez, a single woman (hereinafter "Owner") and the
County of Monroe, a political subdivision of the State of Florida (hereinafter "County").
RECITALS
WHEREAS, Owner is the sole owner of Block 5, Lots 8 and 39, Harris Ocean Park
Estates (PB 4-126) identified by Real Estate Numbers 00448600.000000 and 00448910.000000
(hereinafter "Property"); and,
WHEREAS, Owner executed a Lot Aggregation Restrictive Covenant (hereinafter
"Covenant") in favor of the County dated January 25, 2007 and recorded in Book 2273, Page
2225 of the Official Records of Monroe County as a condition of receiving building permit 02-03-
4772 to build one single-family residence on the Property; and,
WHEREAS, Owner received building permit 02-03-4772 but now finds it preferable to
disaggregate said Lots 8 and 39 for sale to separate buyers without any rights to said building
permit rather than building the permitted single-family residence; and,
WHEREAS, Owner has entered into an agreement to sell Lot 39 to the Monroe County
Comprehensive Plan Land Authority with said transaction being contingent upon termination of
the Covenant.
NOW, THEREFORE, in consideration of the foregoing promises and the mutual
covenants set forth in this Agreement, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by
reference.
2. Each party hereto warrants that this Agreement and all terms herein are
supported by adequate consideration.
3. The County expressly agrees herein to release, cancel, and terminate of record
the Covenant effective upon the execution and recording of this Agreement in the Official
Records of Monroe County. In consideration of the foregoing, the Owner expressly agrees
herein that building permit 02-03-4772 shall be canceled, terminated, and of no further force and
Page 1 of 3
effect upon the execution and recording of this Agreement in the Official Records of Monroe
County.
4. This Agreement constitutes the entire agreement of the parties and may not be
amended or modified, except in writing signed by both parties.
5. This Agreement shall be binding on and inure to the benefit of the parties and
their respective successors, assignees and personal representatives and shall run with the land.
6. This Agreement shall be governed in its enforcement, construction and
interpretation by the laws of the State of Florida.
7. The unenforceability, for any reason, of any term, condition, covenant or
provision of this Agreement shall neither limit nor impair the operation, enforceability or validity
of any other terms, conditions, provisions or covenants of this Agreement.
IN WITNESS WHEREOF, the parties have affixed their hands and seals the date first
above written.
ATTEST: COUNTY OF MONROE
DANNY L. KOLHAGE, CLERK
Bv:
Printed Name: _
Title: Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
By:
Sylvia J. Murphy, Mayor/Chairman
Monroe County Board of County Commissioners
On this day of , 2010, before me personally appeared Sylvia J.
Murphy, as Mayor/Chairman of the Monroe County Board of County Commissioners, who is
personally known to me or produced as proof of identification and
who acknowledged execution of the foregoing instrument.
Notary Public (Signature)
Notary Public (Print Name)
WITNESSES:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF
MARTHA HERNANDEZ
By:
Martha Hernandez
On this day of , 2010, before me personally appeared Martha
Hernandez, who is personally known to me or produced as proof of
identification and who acknowledged execution of the foregoing instrument.
Notary Public (Signature)
Notary Public (Print Name)
Page 3 of 3
Martha Hernandez
99 S. coconut Palm Blvd.
ravemier, Flonda 33070
DocN 1628447 02/20/2007 1:03PH Deco 1628447
Filed & Recorded in Official Records of Bkti 2273 Pgit 2225
MONROE COUNTY DANNY L . KOLHAGE
1. WHEREAS,_ MARTHA HERNANDEZ, a single woman, the
undersigned is the sole owner of the following described real property located
in Monroe County, Florida described as follows:
Lot(s): 8 and 39 Block:
Subdivision: Harris Ocean Pk Estates
Key: Key Largo PB: 4-126
Real Estate Number(s) 00448600.000000, and 00448910.000000 and
2. WHEREAS, this lot aggregation Restrictive Covenant restricts the use of the
legally described property in order to receive a building permit, and
3. WHEREAS, the above described parcels were assigned additional points in
the Permit Allocation System for building permit 02-03-4772 for
the voluntary reduction of density through aggregation of vacant, legally
platted, buildable lots; and
4. NOW THEREFORE, the undersigned agrees as follows:
• The above described parcels shall have its density reduced from two
dwelling units to one dwelling unit in consideration of a building permit to
build a single-family residence; and
The restrictions herein shall be binding upon the representatives, heirs,
assigns and successors in title of the undersigned; it being the intention of
the undersigned by execution and recording of this document that this
restriction shall run with the land and shall be forever binding upon the
successors in title; and
Lot Aggregation Restrictive Covenant
RE No.: 0044 600.000000 and 00448910.000000 Page 1 of 2
• This covenan intended to benefit and run in fav of the County of
Monroe and
• In the event of any breach or violation of the covenant contained herein,
the said County may enforce the covenant by injunction or such other
legal method, as the County deems appropriate. The applicant agrees to
pay for cost of enforcement action.
EXECUTED ON THIS day of72'
WITNESS
(S gn re)
/ W-W4 "?/?7
(Printlype Name)
( gnature)
(Print/Type Name)
STATE OF FLORIDA
O
(Sig tune artha Hernandez
359 S. Coconut Palm Blvd.
Tavernier, Florida 33070
DocN 1628447
BkN 2273 PqN 2226
COUNTY OF MONROE -y./, .
The foregoing instrument was acknowledged before me this a6 day of
2006,'by
�:9Who is per ovally awnn tom = produced as proof
of identification and �okiiha), an oath.
•�` ®®� : * " potaPublic (Pr' t NaAN ;Cy Public (Signature)
MONROE COUNTY
OFFICIAL PUBLIC RECORD
2--
MONROE COUNTY ATTORNEY
Lot Aggregation Restrictive Covenant Page 2 of 2 APMVE AM
RE No.: W4486U0.000000 and
00448910.000000
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2010 Division: Growth Management
Bulk Item: Yes X No _ Department: Marine Resources Office
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval of an Inter -Local Agreement (ILA) between Monroe County and the City of Key Colony
Beach (City) reimbursing the City in the amount of $5,476.00 from Boating Improvement Funds for
costs previously incurred for regulatory buoy repairs and purchase of regulatory buoys during the past
fiscal year.
ITEM BACKGROUND:
The Marine Resources Office routinely provides funding assistance to the various municipalities for
boating related projects utilizing Boating Improvement Funds. The City is requesting funding
assistance in the form of reimbursement for regulatory buoy repairs and purchase of regulatory buoys
during the past fiscal year for the City's idle speed zone. This is an allowed use of Boating
Improvement Funds as described under Florida Statute Chapter 328.72.
PREVIOUS RELEVANT BOCC ACTION:
NIA
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 5A76.00
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $5,476.00
BUDGETED: Yes X No
SOURCE OF FUNDS: BIF 157-62520-530340
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon.
Contract Purpose/Description:
Avvroval of an Inter -Local
Contract #
Effective Date:
Expiration Date:
between Monroe
Improvement Funds for costs previously incurred for
of regulatory buoys during the Vast fiscal year.
Contract Manager: Richard Jones
(Name)
for BOCC meeting on 10/20/2010
10/20/2010
n/a
_County and the City of
5,476.00 from BoatinLy
uov revairs and nurchas
2805 Growth Mana ement/11
(Ext.) (Department/Stop #)
genda Deadline: /d/4-10
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,476.00 Current Year Portion: $ 5,476.00
Budgeted? Yes® No ❑ Account Codes: 157-62520-530340- -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
Not included in dollar value above e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Managem nt Yes[]Nod:
O.M.B./Purc ing t Yes[:] No❑
County Attorney C_& -16 Yes❑ No®
Comments:
.11VIU i'V1III nGV15OU LIL/IVL 1VRJr $L
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this day of ,
2010, between Monroe County, a political subdivision of the State of Florida (COUNTY) and
the City of Key Colony Beach, a municipal corporation organized and existing under the laws of
the State of Florida (CITY).
WITNESSETH:
WHEREAS, the COUNTY routinely uses Boating Improvement Funds for recreational
boating and waterways related projects within the various municipalities; and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement in the
amount of $5,476.00 from Boating Improvement Funds for costs previously incurred by the City
for regulatory buoy repairs and purchase of regulatory buoys during the past fiscal year; and
WHEREAS, the above expenditures are qualified expenditures from the Boating
Improvement Fund;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section I. Payment. The COUNTY agrees to reimburse the CITY for costs previously
incurred by the City as follows:
1.1 Payment in the amount of $5,476.00 reimbursing the City for regulatory
buoy repairs and purchase of regulatory buoys associated with the City's Idle
Speed/No Wake zone.
1.2 To receive payment, the CITY shall submit all requests for payment and
applicable invoices to the Senior Administrator of the COUNTY's Marine
Resources Office. The invoices must describe the services performed,
together with proof that payment has been made to the CITY'S contractor(s).
All documentation shall be forwarded to the County Clerk for payment. Any
other documentation requested by the Clerk shall be provided.
1.3 By submitting a request for payment CITY represents that it has complied
with all of its purchasing requirements.
Section 2. Term.
2.1 This Agreement shall become effective upon execution by both parties.
2.2 If such Notice of Termination as specified in Section 3 is given, this Agreement
shall terminate within five (5) days thereof.
Section 3. Termination and Default.
3.1 In the event of any failure of compliance by either party hereto with any of
its material obligations to the other parry as provided for herein such action
shall constitute a default under this Agreement.
3.2 Upon any such default, the non -defaulting parry shall provide to the
defaulting party a written Notice of such default, which Notice (Default
Notice) shall state in reasonable detail the actions the defaulting party must
take to cure the same.
3.3 The defaulting party shall cure any such default, within 30 days following the
date of the Default Notice.
3.4 Notwithstanding the provisions of this Section, if any such default by the
defaulting party remains uncured at the conclusion of any specified 30 day
cure period, and if the nature of the defaulting parry's obligations are such
that more than 30 days is required to effect cure, then the defaulting party
shall not be in default hereunder and the non -defaulting parry shall not have
the right to exercise its termination rights granted herein as a result of any
such default, if the defaulting party commences cure within the applicable
cure period and thereafter diligently pursues cure to completion of
performance.
3.5 In the event the defaulting party fails to affect any required cure as provided
for herein, the defaulting party shall be deemed to be in default hereunder,
and the non -defaulting parry shall have the right, but shall not be obligated,
upon written Notice to the defaulting parry, to terminate this Agreement.
3.6 If such Notice is given, this Agreement shall terminate on the date set forth in
the Notice and the parties shall be relieved of all rights and obligations
hereunder, except for any rights and obligations that expressly survive
termination.
Section 4. Indemnification.
4.1 To the extent permitted by law and subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, the CITY does hereby agree
to defend, indemnify and hold the COUNTY, its officers, agents, or
employees, harmless from and against any and all liability, damages, costs or
expenses (including reasonable attorneys' fees, costs, and expenses at both the
trial and appellate levels) arising from the acts or omissions of the CITY in
connection with this Agreement. This provision shall survive the expiration
or earlier termination of this Agreement.
M
Section 5. Notices.
5.1 All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows, or to
any other address which either parry may designate to the other party by mail:
If to Coun : Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Suzanne Hutton, Esq.
Monroe County Attorneys Office
P.O. Box 1026
Key West, Florida 3304I-I026
if to Ci : Ronald A. Sutton
Mayor
City of Key Colony Beach
P.O. Box 510141
Key Colony Beach, Fl 33051
With a copy to: Thomas D. Wright, Esq.
Attorney for the City of Key Colony Beach
P.O. Box 500309
Marathon, Florida 33050
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
Section 6. Regulatory Powers.
6.1 Nothing contained herein shall be construed as waiving either parry's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
6.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state Iaws and regulations.
3
Section 7. Attorneys Fees and Waiver of Jury Trial.
7.1 In the event of any litigation arising out of this Agreement, the prevailing
parry shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
7.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial
by jury.
Section 8. Governing Law.
8.1 This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 16`h Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
Section 9. Entire Agreement/Modification/Amendment.
9.1 This writing contains the entire Agreement of the parties and supersedes any
prior oral or written representations. No representations were made or relied
upon by either party, other than those that are expressly set forth herein.
9.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 10. Access to Records and Audits.
10.1 CITY shall keep such records as are necessary to document the performance
of the Agreement and expenses as incurred, and give access to these records
at the request of COUNTY, the State of Florida, the Federal Government, or
authorized agents and representatives of said government bodies. CITY
shall also provide access to the personal property reports, permits, and
equipment purchased or utilized under this Agreement. It is the responsibility
of CITY to maintain appropriate records in accordance with generally
accepted accounting principles consistently applied to insure a proper
accounting of all funds and expenditures. Records shall be kept for a period
of five (5) years following execution of this Agreement. CITY understands
that it shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the Clerk
of Court for Monroe County, the Board of County Commissioners for
Monroe County, or their agents and representatives. COUNTY shall bill
CITY for the amount of the audit exception and CITY shall promptly repay
any audit exception. However, COUNTY warrants and represents that it has
full authority to fund the Project under the terms and conditions specified
El
herein. The COUNTY and CITY 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 COUNTY and CITY in
conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CITY.
10.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the
CITY's subcontractor, to allow access by the County Administrator or his
designee to any Records pertaining to work performed under this
Agreement that are subject to the provisions of Chapter 119, Florida
Statutes.
10.3 The term Records shall refer to any documents, books, data (electronic or hard
copy), papers and financial records that result from the CITY or its
subcontractors performance of the Services provided in this Agreement.
10.4 If the inspection or audit discloses that COUNTY funds paid to the CITY
under this Agreement were used for a purpose not authorized by this
Agreement, then the CITY must refund the funds improperly spent with
interest calculated pursuant to Section 55.03, Florida Statutes, with interest
running from the date the COUNTY paid the improperly spent funds to the
CITY. This paragraph will survive the termination of this Agreement.
Section 11. Nonassignalbility.
11.1 This Agreement shall not be assignable by either party unless such assignment
is first approved by both parties.
Section 12. Severability.
I2.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
Section 13. Independent Contractor.
13.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and not agents or employees of the
COUNTY with respect to all of the acts and services performed by and under
the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
M
Section 14. Waiver.
14.1 The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the
terms of this Agreement shall not be construed as a waiver of the violation or
breach, or of any future violation, breach or wrongful conduct.
Section 15. Funding.
15.1 The parties agree that the COUNTY's responsibility under this Agreement is
to provide funding only.
Section 16. Survival of Provisions.
16.1 Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions
are completed and shall be fully enforceable by either party.
Section 17. Counterparts.
17.1 This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same
instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
9
IN WITNESS WHEREOF, the parties hereto have executed this agreement below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
ATTEST:
l ,
Vickie L. Bollifter
City Clerk
(City Seal)
Mayor/Chairperson
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
s stant County Attorney
9-8- /a
THE CITY OF KEY COLONY BEACH, FLORIDA
Ronald A. Su Mayor
Date.
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF KEY COLONY BEACH, FLORIDA ONLY:
BY:
Thomas D. Wright, Esq.
Attorney for the City of Key Colony Beach