08/12/1998 Agreement I
CONSULTANT AGREEMENT BETWEEN
MONROE COUNTY
AND
PALLANS ASSOCIATES 114) („ V
THIS AGREEMENT MADE AND ENTERED INTO THIS j DAY OF 1199S" BY
AND BETWEEN MONROE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF
THE STATE OF FLORIDA, HEREINAFTER CALLED "COUNTY" AND PALLANS
ASSOCIATES, HEREINAFTER CALLED "CONSULTANT ".
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ARTICLE I - SCOPE OF SERVICES x � = m
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The Consultant will perform the following: cr co C
PROJECT INFORMATION: s rn
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The intent of this Agreement is to obtain the consulting services of an independefit,
qualified communications consulting firm, not affiliated with the commercial sale of
radio systems or services. The Consultant shall provide to Monroe County services
related to the development of a plan for radio communications for the future growth of
the County.
GENERAL DESCRIPTION OF REQUIRED SERVICES:
Services to be rendered shall include, but are not limited to, the following particular
tasks:
Item 1 - Needs Assessment
Consultant shall become familiar with the radio communications systems of the County
and develop a needs assessment that will determine the factors which will lead to a
communications growth and development plan.
Item II - Report
The Consultant will prepare a report which will provide the County with information
regarding current capabilities, future requirements, available technologies and estimated
costs.
• i L
Item III - Recommendation
The Consultant will prepare a recommendation as to what path the County should take to
assure that its communications will remain effective for the next ten to fifteen years.
ADDITIONAL SERVICES
The Consultant may be requested to perform additional communications related tasks for
the County. For each additional task requested the County will provide a scope of
services for the specific task. The Consultant will provide the County with a "not to
exceed" price for the performance of such tasks. The price will be based upon the
Consultant's hourly rate plus expenses as described by Florida Statutes. Once the scope
of services and costs have been agreed upon between the Consultant and the County the
County will issue a Work Order to the Consultant to perform the task.
ARTICLE II - GENERAL
GENERAL:
The County will assign appropriate personnel to assist the Consultant in performing its
tasks. Such tasks include but are not limited to: visiting County facilities and tower sites,
reviewing existing radio equipment and equipment inventories, providing documentation
necessary for the Consultant to provide answers to questions raised by County staff and
survey responses.
TIME OF PERFORMANCE
The Consultant will provide to the County a time schedule indicating the key tasks to be
performed for the duration of the radio project. The Consultant will perform its tasks
based upon the provided schedule. The Consultant shall not be held liable for delays
caused by means not under its direct control.
FEES TO BE PAID
The Consultant shall be paid a fee of $8,800.00 based upon two trips to Monroe County
for user interviews, site visits and all travel expenses inclusive. A third trip will be
scheduled for report presentation. If additional trips to Monroe County are required each
will be billed at $500.00 for staff time plus all expenses per Florida Statutes.
Additional Services - Tasks performed beyond the scope of Phases One through Three
shall be billed at $70.00 per hour for Consultant time plus all expenses incurred, per
Florida Statutes. This contract shall not exceed total payments in excess of $10,000.00
(Ten Thousand Dollars).
Reimbursable expenses will follow the rules established by Florida Statutes. Actual
receipt for all expenses will be provided to the County.
Partial fees shall be paid by the County upon presentation of an invoice from the
Consultant. Benchmarks for payment will be:
A. After analysis of user questionnaire responses 30%
B. Upon completion of Draft Report 50%
C. After delivery of Final Report/Recommendations 20%
Invoices for services rendered are due and payable within thirty (30) days from the date
of invoice.
Payments which are not received within sixty (60) days from the date of invoice will be
considered sufficient cause for Consultant to discontinue performing and providing
services until payment in full is received.
This contract shall be governed by the laws of the State of Florida, and appropriate venue
for any actions arising out of the agreement would be Monroe County, Florida.
LITIGATION FEES:
In the event Consultant is involved on behalf of the County in litigation as an expert
witness or in any other professional assignment connected with litigation, the fees for
such services shall be an hourly rate, including travel time, that is paid to the Consultant
at the rate of $150.00 per hour, plus expenses, per Florida Statutes..
MODIFICATIONS TO THE TERMS OF THIS AGREEMENT:
In the event county issues a purchase order, memorandum or other instrument covering
the professional services described herein, it is hereby specifically agreed and understood
that such instrument is for Consultant internal control purposes only and all terms and
conditions contained therein, whether printed or written, may modify or alter the terms of
this written contract. This contract is the entire contract between the parties and there is
no modification or waiver of any of the terms and conditions herein unless signed by both
parties in writing.
TERMINATION:
This agreement may be terminated by either party by giving thirty (30) days advance
written notice. The Consultant shall be paid for services rendered to the date of
termination on the basis of a reasonable estimate of the portion of services complete prior
to termination and shall be paid for all reasonable expenses resulting from such
termination and for any unpaid reimbursable expenses.
•
COMPLIANCE:
The County will oversee this contractual agreement to ensure compliance by a "Contract
Administration Panel ", consisting of:
James R. Paros, Public Safety Division Director
G. N. Leggett, Communications Director
Steve Casey, Major MCSO
Joe Lieter, Captain MCSO
Mark Willis, General Counsel, MCSO
This panel will review Consultant's performance and compliance for each contract
benchmark.
• IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THESE
*RE$ENTS TO BE EXECUTED, THE DAY AND YEAR FIRST ABOVE
EN.
. . BOARD OF COUNTY COMMISSIONERS
ATTEST: DAN, :`! L. KJLHAGE CLERK MONROE COUNTY, FLORIDA
BY
BY BY
ATTEST: PALLANS ASSOCIATES
BY:
MARK D. PALLANS
GENERAL MANAGER
O OR M
AN� APPROVED AL S AS FF F Y.
WOLF
DATE /� _BERT
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1996 Edition
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.
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.
Administration Instruction
#4709.2 14
• 1996 Edition
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 these 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.
Administration Instruction
#4709.2 15
•
•
• 1996 Edition
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 Florida Statute 440.
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.
WC1
Administration Instruction
#4709.2 88
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include 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.
TCS
Administration Instruction
#4709.2 97
•
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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.
GL1
Administration Instruction
#4709.2 54
•
1996 Edition
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:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL1
Administration Instruction
#4709.2 81
OCT -27 -98 08:20 AM P_02
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- - �• ^•�••r ci • - +JJJV I\ BUT AE TOIL SUCH NC/TI ''.
GE SHALL IMMO5E NO OBLIGATION On LIABILITY
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•
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 in the following contract.
Contractor: Pallans Associates
Contract for: Consultant Agreement
Address of Contractor: 10122 Northwest 3` Place
Coral Springs, Florida 33071
Phone: 954- 753 -1189
Scope of Work: Communications needs assessment, report and recommendation
Reason for waiver: Workers' Compensation: Pallans Associates is a sole proprietorship with no
salaried employees. By statute no workers' compensation insurance is required.
Policies waiver will
Apply to: None
Signature of Contractor: ' �4��
Approved Not Approved
Risk Management
Date:
County Administrator Appeal:
Approved Not Approved
Date:
Board of County Commissioners Appeal:
Approved Not Approved
Meeting Date:
PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Leader Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2640 Hlwd. Blvd. #217 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hollywood, Fl. 33020 COMPANIES AFFORDING COVERAGE
COMPANY
A Firestone
INSURED COMPANY
Pallans Associates B
10122 NW 3 Place COMPANY
Coral Springs, Fl. 33071 c
COMPANY
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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 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MWDD/YY) DATE (MWDD/YY)
GENERAL LIABILITY BODILY INJURY OCC $
COMPREHENSIVE FORM BODILY INJURY AGG $
PREMISES /OPERATIONS B 0167G422984 10/15/98 10/15/99 PROPERTY DAMAGE OCC $
UNDERGROUND PROPERTY DAMAGE AGG $
EXPLOSION & COLLAPSE HAZARD
PRODUCTS /COMPLETED OPER BI & PD COMBINED OCC $ 300,000
CONTRACTUAL BI & PD COMBINED AGG $ 300,000
INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY BODILY INJURY
ANY AUTO
(Per person)
ALL OWNED AUTOS (Private Pass)
BODILY INJURY
ALL OWNED AUTOS (Per accident)
(Other than Private Passenger)
HIRED AUTOS
t i"•.•'h':fVE I, r . !A(:FM` : PROPERTY DAMAGE $
NON -OWNED AUTOS
GARAGE LIABILITY ' I •' ., I BODILY INJURY &
• PROPERTY DAMAGE $
COMBINED
EXCESS LIABILITY DATE EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM WW f V FR: i� , ~ YFS $
WC .............. ...............................
WORKERS COMPENSATION AND TORY ER
LIMITS ER :.:. ..
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $
PARTNERS /EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATION S /LOCATIONS/VEHICLES/SPECIAL ITEMS
Communication Consultant
Additional Insured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Monroe County Board Of Commisioner � TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
C/0 Emergency Communications DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, '
10600 Aviation Blvd. BUT FAILURE TO MAIL SUC OTICE SHALL I SE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON COMPANY, AGENTS OR REPRESENTATIVES.
Marathon, F1. 33050 DATE AUTHORIZED EPRESENTA