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02/19/1992 Agreement`GouNrp O cu •0 � u: .a h . �bE �OU11� t`• wannp 1. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 M E M O R A N D U M To: Dent Pierce, Director Public Works Division From: Rosalie L. Connolly, Deputy Clerk Date: March 4, 1992 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 As you are aware, on February 19, 1992, the Board of County Commissioners approved and authorized execution of the Architectural/Engineering General Services Agreement with Post, Buckley, Schuh & Jernigan, Inc. Attached is one duplicate original and one copy of the sub- ject Agreement, now executed and sealed by all parties. The duplicate original (raised seal) should be returned to your consulant and the copy kept in your proper departmental files. Rosalie L. Cgtfnolly Deputy Clerk Attachments cc: County Attorney County Administrator w/o document Finance Director File ff Architec*ural/Engineering General Services Agreement Basic Agreement Between F T F P , n � OWNER AND PROFESSIONAL SERVICE CONSULTANT '92 MAR -3 P 4 :14 This AGREEMENT made and entered into this 19th ,,"(ay of Feldrupfy 1992 by and between: MONROF 1; oUN ; f. F 1.P. . THE BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA P.O. Box 1029, Key West, Florida 33040 (hereinafter referred to as "BOCC" or "COUNTY") and POST, BUCKLEY, SCHUH & JERNIGAN, INC. a Florida Corporation 8600 N.W. 36 Street, Miami, Florida 33166 (hereinafter referred to as "PBS&J" or "CONSULTANT") WHEREAS, the COUNTY has determined that it is best interest to retain a Professional Service Firm, on a three year period, subject to annual renewals based BOCC with the option to renew for two successive perform consulting and other professional services fc with its public infrastructure systems and components necessary, expedient and in its a continuing contract basis for on performance one year terms, r the COUNTY :hereof, and; reviews by the to render and in connection WHEREAS, the COUNTY has duly and competitively selected PBS&J under the requirements of §287.055, et seq., Florida Statutes and the COUNTY accordingly desires to retain the flexibility to utilize the full range of professional services offered by PBS&J at the COUNTY'S option, subject to the limitations of F.S. 287.055 (g) which allows for professional services to be performed for projects in which construction cost do not exceed $500,000, for study activity when the fee for such professional service does not exceed $25,000, or for work of a specified nature as outlined herein, which is required by the COUNTY, and; WHEREAS, the COUNTY desires to engage PBS&J on a contract basis, for professional services assignments as per the authorization procedures hereinafter set forth, and; NOW, THEREFORE, the parties hereto do mutually agree as follows: Item 1 Employment of the CONSULTANT The COUNTY hereby engages PBS&J and PBS&J agrees to perform services hereinafter described. Item 2 Scope of Services It is understood and agreed that the scope of services to be provided under this contract will consist of various services, projects or programs (consisting of a collection or grouping of separate projects or service, and that each service, project or program shall be authorized separately by Professional Service Orders (PSOs) issued under the terms of this Agreement. The scope shall include but is not limited to the following general continuing professional services: a) Act as general Architectural/Engineering (hereinafter designated A/E) consultant for proposed capital improvements and repairs and renovation to existing public facilities that form a part of the COUNTY'S public infrastructure as directed. b) Advise, evaluate, inspect, recommend, and develop designs as applicable for A/E requirements as they pertain to County -owned land, roadways, bridges, and facilities or properties the COUNTY is preparing to lease, buy or sell. c) Provide general information and advice not applicable to specific projects including legislative and environmental policy changes as they affect Monroe County. d) Provide professional programming and design services in the following areas: 1. Solid Waste 2. Water Quality 3. Transportation 4. Buildings 5. Wastewater 6. Stormwater 7. Grading (Sitework) 8. Environmental Studies 9. As directed by PSO e) Construction Services: If, under this Agreement, professional services are provided during the construction phase of the project, PBS&J shall not be responsible for or have control over means, methods, techniques, sequences or procedures, or for the implementation of safety precautions and programs in connection with the construction work; nor shall PBS&J be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents or for Contractor's failure to comply with applicable laws, ordinances, rules or regulations. f) Provide appropriate interface with the COUNTY'S GIS, ADP, and other information systems as directed by COUNTY. g) Provide appropriate representation when requested at any and all official meetings of COUNTY officials, contractors and/or other consultants. h) Provide statements of probable costs: COUNTY hereby acknowledges that PBS&J cannot warrant that statements of probable construction or operating costs provided by PBS&J will not vary from actual costs incurred by the COUNTY. i) Provide services as requested and/or directed by specific written Professional Service Order (PSO). In addition, CONSULTANT shall provide other general engineering, architectural, planning, surveying, interior design, landscape architectural, scientific, biological, environmental assessment, geotechnical, photogrammetry, management consulting, construction engineering and inspection and related services to the County on a project -by -project basis, utilizing CONSULTANT'S own forces or qualified -2of 13- subconsultants as appropriate and subject to COUNTY concurrence, which services shall also include such professional services to be rendered to the County which do not fall within the provisions of the Consultant's Competitive Negotiations Act (§287.055, F.S.). PBS&J acknowledges the County's right to contract with other professional consultants even though overlap of types of service might exist. Item 3 COUNTY'S Responsibilities The COUNTY agrees that it shall do the following: a) Provide full information as to County's requirements for each specific project. b) Provide any and all information needed by PBS&J which might be pertinent to the assigned project including but not limited to: 1. Copies of all existing maps, existing aerial photographs, as -built construction plans and/or related documents, and any other available information and data pertinent to the assigned project or design which the COUNTY may have in its possession or may reasonably obtain at CONSULTANT'S request. The CONSULTANT shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing CONSULTANT'S services under this Agreement. 2. Reproducibles of any of the COUNTY'S standard drawings applicable to the assigned project. 3. Sample copies of standard contract documents and specifications. c) Review the qualifications of any and all subcontractors or independent professionals, and to reject those deemed not qualified to perform, in a proper and timely manner. If rejection is made after PSO fee is established, COUNTY agrees to adjust fee to reflect new subcontractor or independent professional's revised cost as appropriate. d) Arrange for access to and make all provisions for the CONSULTANT to enter upon public and private property as is reasonably required for the CONSULTANT 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 onto public and private property, nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONSULTANT and COUNTY shall work together to resolve the difficulty in a timely manner. e) At the option of the BOCC, the COUNTY may supply any, all, or none of the following services (as specified in the individual PSO): 1. Program Construction Management 2. Surveying 3. Geotechnical Investigations & Analysis 4. Quality Control/Materials Testing (Should the COUNTY decide not to utilize the services of its separately engaged Program Construction Manager, PBS&J will provide the coordination of the work and effort of other Consultants and/or Contractors and be compensated for same as specified on the individual - 3 of 13 - PSO when appropriate.) f) Pay all permit application fees whether identified in the PSO or otherwise. Item 4 Authorization to Perform Services Authorization to perform services may be Administrator and/or his representative. Professional Service Order (PSO) only. directed to PBS&J only by the COUNTY The authorization shall be by written The procedure for issuance of all PSOs will be as follows: a) The scope of work of the desired service shall be determined by the COUNTY. PBS&J's input may be required in defining the scope of work, project timing, and the method of compensation as set forth hereinafter. b) The finalized scope of work will be transmitted to PBS&J for establishing proposed CONSULTANT'S charges and scheduling of the work. The CONSULTANT shall submit manhour requirements for each employee classification proposed for the desired service and each service task included in the PSO. This manhour allocation will also be identified on a schedule matrix. c) The County Administrator and/or his designee will review PBS&J's proposed charges and scheduling for the service in accordance with established A/E or related industry guidelines for establishing professional service fees and subsequently approve thereof and/or negotiate the fee, scope and/or schedule as appropriate with PBS&J. d) The complete PSO, including schedule, scope of work and fee method and amount(s), will either be approved by the County Administrator and/or his designee or be presented p to the BOCC for approval depending upon the established COUNTY purchasing procedures and staff level purchasing authorizations and guidelines. e) After BOCC and/or COUNTY staff approval as appropriate, PBS&J will be directed to proceed. Direction to proceed will be either written or oral. If direction is oral, it will be verified by written authorization within 10 working days. f) PBS&J shall perform no services contemplated to merit compensation beyond that provided for in the PSO unless such services, and compensation therefor, are provided for by an amendment to the PSO which is appropriately approved. g) Any PSO in which architectural services are provided pursuant to this agreement shall contain the following language: The Architect agrees and warrants that it shall hold the County harmless and shall indemnify the County from all losses occurring as a result of any deficiency or ambiguity in the plans or specifications provided by architect. Item 5 Compensation The compensation to be paid PBS&J for providing the requested services specified in the PSO shall be one or a combination of the following methods: Method I - Lump Sum Amount. This method may be used when the nature and scope of services, projects and programs can be thoroughly defined and outlined. The COUNTY and PBS&J shall mutually agree to a lump sum amount for services to be rendered. Manhour requirements as stated in Item 4b will be included for review. -4 of 13- The Lump Sum price shall include the cost of all direct personnel expense as defined below, overhead, profit, plus all reimbursables and fees which shall be specified in the PSO as required to complete the work. Method 2 - Not -to -Exceed Value. For projects that the scope of work cannot be adequately defined so that a lump sum price can be established, this method shall be used. Manhour requirements as stated in Item 4b will be included for review. The CONSULTANT will develop a "Not -to -Exceed" value for the cost of the services. The value shall include the cost of all direct personnel expenses as defined below plus a surcharge of 150% for other overhead and profit plus such reimbursables as identified in the PSO and fees as required to complete the work. The CONSULTANT shall not exceed the "Not -to -Exceed" value without written authorization from the COUNTY. Method 3 - Time Charges. For miscellaneous services at the option of the COUNTY, this method may be used. Charges for the CONSULTANT'S services shall be based upon time charges of personnel directly engaged on the COUNTY'S work. Reimbursement shall be based on direct personnel expense as defined below plus a surcharge of 150% which includes other overhead and reasonable profit. Reimbursables for the "Time Charges" method shall be itemized and supported in accordance with § 112.061, Florida Statutes, as appropriate. The following definitions apply to all three compensation methods specified above as appropriate: Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions for Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out-of-pocket expenses, the cost of which shall be charged at actual costs and shall be itemized and documented in a manner satisfactory to the Clerk to the B.O.C.C. and included in the invoice. Typical out-of-pocket expenses shall include, but not be limited to, travel expenses lodging, meals, etc.), job -related mileage, long distance telephone calls, courier, printing and reproduction costs and survey supplies and materials. PBS&J agrees that airfare for trips of less than 150 land miles from the employees' official headquarters office must be preapproved by the Administrator and/or his representative. In the event the requested service involves the use of electronic measuring equipment, computers, plotters, and other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment. These costs, where appropriate, shall be limited by the maximum amounts for travelling and per diem expenses for public officers and employees consistent with §112.061, Florida Statutes. -5of 13- Invoice procedures and payment: PBS&J shall submit invoices to the COUNTY for work accomplished during each calendar month. For services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges shall apply. Such invoices shall also include, separately listed, any charges for Professional Associates and reimbursable costs. Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the COUNTY upon receipt. The COUNTY, as owner, hereby agrees that payment as provided herein will be made for duly authorized and completed work within 30 days from the date of invoice for same if mailed to the COUNTY at the address set out herein or is otherwise delivered. PBS&J reserves the right to suspend all services on the COUNTY'S projects , after givingseven (7) days written notice to the COUNTY if an invoice remains unpaid sixty (60) days after receipt of invoice. This suspension shall remain in effect until all unpaid invoices are paid in full or other arrangements satisfactory to both parties are made. It is understood and agreed that PBS&J's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services, be required, a supplemental agreement embodied in a PSO may be negotiated between the COUNTY and PBS&J describing the services desired and providing a basis for compensation to PBS&J. Item 6 Insurance Policies The CONSULTANT shall procure, pay for, and maintain at least the following insurance coverages and limits. Said insurance shall be evidenced by delivery to the COUNTY of either a certificate of insurance executed by the insurers listing coverages and limits, expiration dates and terms of policies and all endorsements whether or not required by the COUNTY, and listing of all carriers issuing said policies; or, upon request, a certified copy of each policy, including all endorsements: a) Premises and Operations Liability Insurance Insurance shall be obtained for premises and operations liability in amounts of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. Coverage shall be provided on either a standard Insurance Services Office (ISO) Comprehensive General Liability Form or an ISO Commercial General Liability Occurrence Form. Alternative forms will be acceptable so long as coverage is no less restrictive. Coverage shall specifically include. 1. Bodily Injury and Property Damage Liability coverage for premises and operations. 2. Products and complete operations for a minimum of three years beyond the acceptance of the work of any assigned project by Monroe County. - 6 of 13 - Monroe County. 3. Independent contractor's exposure. 4. Property damage resulting from explosion, collapse, or underground (x,c,u) exposures. 5. Blanket contractual liability covering this contract. 6. Broad form property damage liability. b) Automobile Liability Insurance Comprehensive automobile liability insurance shall include coverage for bodily injury and property damage liability for a minimum limit of $1,000,000 each occurrence and shall cover use of owned, non -owned, and hired vehicles and shall include employers' non -ownership liability coverage. c) Workers' Compensation and Employers' Liability Insurance Statutory Workers' Compensation coverage including Employers' Liability coverage with limits of not less than $100,000 per person per accident and $500,000 per person per occurrence for disease. Coverage shall be provided to cover operations in the State of Florida and the Voluntary Compensation Endorsement shall be provided. Coverage for federally enacted benefits shall be provided where applicable. d) Professional Liability Professional Liability Insurance shall be provided in amounts of not less than $2,000,000 each occurrence and $4,000,000 annual aggregate. Coverage or an extended reporting period must remain in effect for a minimum of two years following acceptance of individual projects by Monroe County. This insurance shall provide coverage for CONSULTANT'S liability caused by negligent acts, errors or omissions arising from the performance of professional services within PBS&J's scope of work. All insurance policies, except Workers' Compensation and Professional Liability policies shall name Monroe County Board of County Commissioners as an additional insured and provide a minimum of thirty (30) days notice in the event of termination, non -renewal or reduction in coverage. Policy language shall be modified to provide liability coverage for cross liability suits between insureds without increasing the total policy limits. The COUNTY reserves the right to require additional insurance as may be deemed necessary for any specific project or work. Insurers providing coverage (s) must be financially stable and authorized to do business in the State of Florida. The BOCC reserves the right to reject any insurer that it believes to be unacceptable. Waiver of any specific insurance limits, coverage or other terms or conditions will not waive the remaining requirements of this insurance section. PBS&J shall assure that certificates expiring during the term of the contract are replaced with new certificates prior to the expiration of the original certificates. Failure to maintain required insurance coverage in effect will provide the COUNTY with the option of terminating the contract upon written notice to the CONSULTANT. -7of 13- Item 7 Idemnification: The CONSULTANT does hereby agree to indemnify, defend and save harmless the COUNTY and all the members of its Board of County Commissioners, its officers and employees from and against all losses and all claims, demands, payments, suits, actions, recoveries, expenses, attorney's fees, and judgements of every nature and description, including claims for property damage and claims for injury to or death of persons, brought or recovered against it by reason of any negligent act, error, or omission of the consultant, its agents, employees, or subcontractors, except only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. The monetary limits of this indemnity shall be the limits of insurance coverage applicable to this contract. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Item 8 Termination of Agreement This Agreement may be terminated by either party upon thirty (30) days written notice to the other party should either party fail substantially to perform in accordance with the terms of this Agreement through no fault of the other party. If any assigned project shall have not proceeded to construction within two (2) years from the date of acceptance of all reports, recommendations, and/or plans and specifications, or if any assigned project is cancelled by the COUNTY, the COUNTY may, at its option, and upon written notification to the CONSULTANT, terminate that portion of the Agreement. In the event that conditions arise, such as lack of available funds, which in the COUNTY'S opinion make it advisable and in the public interest to terminate an assignment or assignments made under this Agreement, it may do so upon fifteen (15) days written notice to PBS&J. PBS&J shall be compensated for all the professional services provided up to the date of termination in accordance with the provisions of this Agreement for all work performed up to the date of suspension, termination, cancellation or abandonment, including reimbursable expenses, plus termination cost to be mutually agreed upon. Item 9 Certifications a) Equal Employment Opportunity Clause In carrying out the contract, the CONSULTANT shall not discriminate against employees or applicants for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: 1. Employment, upgrading, demotion or transfer. 2. Recruitment or recruitment advertising. - 8 of 13 - 3. Layoff or termination. 4. Rates of pay or other forms of compensation. 5. Selection for training, including apprenticeship. PBS&J shall post in conspicuous places which are available to all employees and applicants for employment, notices to be provided by the Government setting forth the provisions of the nondiscrimination clause. The CONSULTANT shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex or national origin. b) Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. PBS&J acknowledges that it is functioning as an independent consultant in performing under the terms of this Agreement and it is not acting as an employee of the COUNTY. PBS&J acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of this contract shall be considered a material breach and shall be grounds for immediate termination of the contract. c) Prohibition Against Contingent Fee PBS&J warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PBS&J 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 PBS&J, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. d) Truth in Negotiations The CONSULTANT shall comply with Florida State Statute 287.055, paragraph 5(a). By execution of this Agreement, PBS&J certifies to truth -in -negotiations and that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Further, the original contract amount and any additions thereto shall be adjusted to exclude any significant sums where the COUNTY determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. Such adjustments must be made within one (1) year following the end of the contract. Item 10 Successors and Assigns Neither the BOCC or PBS&J will assign, sublet or transfer its interest in this Agreement without the written consent of the other. - 9 of 13 - Item 11 Extent of Agreement This Agreement represents, together with all Exhibits, the entire written Agreement between the COUNTY and PBS&J and may be amended only by written instrument signed by both the BOCC and PBS&J. Item 12 Governing Law This Agreement shall be governed by the laws of the State of Florida. All claims, disputes and other matters in question between the parties to this Agreement or breach thereof, shall be decided by a Court of Law in the County of Monroe, in the State of Florida. Item 13 Ownershiu of Documents All design data, plans, specifications, field survey notes and any other documents prepared or obtained by PBS&J under the provisions of this Agreement shall be the sole property of the COUNTY and, together with all data and reference material furnished by the COUNTY in connection with any project, shall be delivered to the COUNTY upon completion of the project's design phase, or upon termination of this Agreement as provided for herein. PBS&J is entitled to retain reproducible copies of all such material as instruments of service. Any re -use of the construction documents to construct a similar project at a different location shall be subject to PBS&J's written approval. Re -use of documents shall be at BOCC's sole risk without liability to PBS&J unless PBS&J has appropriately modified and recertified such documents for the specific application or re -use the COUNTY intends. Item 14 Consultant's Accounting Records Records of expenses pertaining to all services performed shall be kept in accordance with generally recognized accounting principles and procedures. PBS&J's records shall be open to inspection and subject to examination, audit and/ or reproduction during normal working hours by the COUNTY'S agent or authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by PBS&J or any of its payees pursuant to this Agreement. For the purposes of such audits, inspection, examinations and evaluations, the COUNTY'S agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of work, and until three (3) years after the date of final payment by the COUNTY to PBS&J pursuant to this Agreement. The COUNTY'S agent or authorized representative shall have access to PBS&J's facilities and all necessary records in order to conduct audits in compliance with this section. The COUNTY'S agent or authorized representative shall give PBS&J reasonable advance notice of intended inspections, examinations and/or audits. The CONSULTANT shall require all subcontractors, insurance agents and material suppliers (payees) to comply with the provisions of this article by insertion of requirements of this article in written contract agreements between the CONSULTANT and such payees. Failure to include such provisions shall be reason to exclude some or all of the related payee's costs from the amount payable to the CONSULTANT pursuant to this contract. - 10 of 13 - Item 15 Public Entity Crime Statement and Ethics Clause SWORN STATEMENT UNDER SECTION 287.133(3) a , T FLORIDA STATUTES, ON PUBLIC ENT ITX GRIM THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for ArchitecturaIZEngineering General Services Agreement 2. This sworn statement is submitted by Post Buckley, Schuh & Jernigan, Inc. name ot entity submitting sworn statement whose business address is 8600 N.W. 36 St. , Miami, FL. 33166-6622 and (if applicable) its Federal Employer Identification Number (FEiN) is 59.0896138 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: �. 3. My name is tL-Ezchael Die and my relationship to the entity named above (please print name ot individual signing is Pregsident 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal Iaw by a person with respect to an erect y related to the transaction of business with any public entity or with an agency or political subdivision of an other State or with the United' States, including but not limited to, any bid or contract for goods or services to be provided to any Public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted' or 'conviction" as defined in paragraph 287,133(1)(b)t Florida Statutes, means a finding of ilt or a conviction of a public entity crime, with or without an as j�ication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 6. I understated that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: A. A predecessor or successor of a person convicted of a public entity crime: or or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlled interest in another person, or a pooling of equipment or income among persons when not for a fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate, 7. I understand that a `person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or o the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. —11of 13-- 8. Based on information and belief, the statemcnt which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which s(atcnicnt applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statcment, or one or more of the officers, directors executives, partners shareholders, employees, members, or agents who are active in management a!` the entity, or an Ziliate of the entity has been charged witli and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies). There has been a proceeding concerning the conviction before a hearing officer of the Late of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a COPY of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) as not been escn ehany action6 Person taken taken byor Affiliate hpending with FOILM FUR 7068 (Rev. 11189) ETHICS CLAUSE placed o ' the nvicted vendor list. (Please the Der, nt eneral es.) sfignature V Date: ,l ) X `' SWORN STATEMENT L'NDER ORDINANCE NO. 010.1990 MONROE COUNTY, FLORIDA 'Post, Buckley, Schuh & Jernigan, Inc. warrants that it has not employed, retained or otherwise had act on its behalf any former aunty 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. 010.1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract of purchase price, or otherwise recover, the full amount of any fe , co 'ssion, percentage, gift, or consideration paid to the former County officer or employ " Date: STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this 27th day of January, 1992 by H. Michael Dye, President of Post, Buckley, Schuh & Jernigan, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did take an oath. SEAL -').44 Debora Lynn me Notary Public My commission expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV.13,1993 BONDED THRU GENERAL INS. UND. - 12 of 13 - Item 16 Agreement Execution IN WITNESS WHEREOF, the partie hereto have caused these presents to be executed on the day of Cb 1992. MONROE COUNTY Signed, sealed and delivered in the presence of: DANNY L. KOLHAGE, Clerk �.� Approved as to legal sufficiency: Vy'l Mess Witness in Wilhelmina Harvey, Mayor Date: By: Post, Buckley, Schuh & Jernigan, Inc. H. Michael Dye President APPROVED AS TO FORM LEGAL SUFFIC Ey home 8 Date - 13 of 13 - POST, BUCKLEY, SCHUH & JERNIGAN, INC. February 27, 1992 Federal Express MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ATTENTION: WENDY KEY-BUXTON Public Works Department 5100 College Road Wing 2, Public Service Building Stock Island, Key West, Florida 33040 Dear Ms. Key -Buxton: Pursuant to Bob Harris' telephone request February 26, 1992, enclosed please find the professional and general liability insurance certificates. Sincerely, Deborah L. Shimel Executive Secretary to Cathy Lerman, Corporate Counsel dls Enclosures cc: Bob Harris, PBS&J ENGINEERING PLANNING 8600 N.W. 36TH STREET, MIAMI, FLORIDA 33166-6622 TEL: 305/592-7275 • FAX: 305/599-0448 aM►RIL Frank B. Hall & Co. of Florida P.O. Box 143800 Coral Gables, FL 33114 305-448-2211 POST BUCKLEY SCHUH & JERNIGAN 8600 NW 36th Street MIAMI FL 33166-6622 (MM/DD/YY) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. 00 TYPEOF INSURANOE POLICY NUMBER POLICY EFFECTIVE POLIOV EXPIRAT LIMITS L DATE (MM/CIO/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE FIOCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one lire) $ MED. EXPENSE (Any one person $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ EXOESSLIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABLITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ A OTHER ARCHITECTS AND ENGINEERS PC5594640 4/30/91 4/30/92 $2,000 PER CLAIM $4,000 AGGREGATE DESORPTION OF OPERATIONSILOOATIONSIVEHIOLESISPECIAL ITEMS Monroe County Board of County Commiss. 5100 College Rd, Wing 2, Pub Sery Bldg, Stock Island Key West, FI 33040 Att: T.W. Brown, Cty Admin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRIT/TENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE LEFT, BUT FAILURE TgMAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN PONTHECOMPANY,ITSAGENTSORREPRESENTATIVES. 355000000 1 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE RdL,IC% AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This Is to Certify that POST, BUCKLEY, SCHUH & JERNIGAN, INC. Name and LIBERTY 8600 N.W. 36th. STREET MIAMI, FL. 33166-6622 Address of Insured 76MUTUo Lm ATTN: D.L. SHIMEL (305) 226-4884 SUITE #300MIAMI, FL 33172 is, at the date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. CERTIFICATE EXP. DATE ' UOUS CONTINCONTIN TYPE OF POLICY �EXTENDPOLICY POLICY NUMBER LIMIT OF LIABILITY TERM COVERAGE AFFORDED UNDER EMPLOYERS LIABILITY Bodily Injury By Acdclent Each WC LAW OF THE FOLLOWING STATES: 500,000 Accident WORKERS 6/30/92 WC1-151-217333-021 NJ Bodily Injury By Diseasepouq, COMPENSATION WC2-151-217333-011 AL,NC,SC,VA,FL,GA, 500,000 unit MD, TN, TX. Bodily Injury By Disease Each 500,000 Pam+ General Aggregate - Other than Products/Completed Operations GENERAL LIABILITY 2,000,000 ProducWCompleted Operations Aggregate CLAIMS MADE 1,000,000 Bodily Injury and Property Damage Liability 1,000,000 Per Oceurrence RETRO DATE 6/30/92 TB1-151-217333-041 Personal and Advertising Injury Per Persw gOCCURRENCE 1,000,000 Organization Oar 100,000 FIRE L 25,000 MED. RAY. AUTOMOBILE LIABILITY 1,000,000 Each Acddent - Single B.I. and P.D. Combined Urnit - nOWNED Each Person nNON-OWNED 6/30/92 AS7-151-217333-031 Each Accident orOt=rrence HIRED Each Aoddent or Occwence OTHER UMBRELLA 6/30/92 THl-151-217333-071 5,000,000. PROFESSIONAL LIAB. EXCLUD EXCESS LIAR. ADDITIONAL COMMENTS * IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM, YOU WILL BE NOTIFIED IF COVERAGE IS TERMINATED OR REDUCED BEFORE THE CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTINUATION OF COVERAGE. SPECIAL NOTICE - OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Additional Insured: MONROE COUNTY BOARD OF COUNTY CEjMFICATE COMMISSIONERS HOLDER 5100 COLLEGE ROAD WING 2 PUBLIC SERVICE BLDG. STOCK ISLAND KEY WEST FL 33040 Liberty Mutual Insurance Group AUT RIZED REPRESENTATIVE s This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS 772R6 ATTN: THOMAS W. BROWN COUNTY ADM.