12/12/2012 AgreementDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 19, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
FROM: Pamela G. Hanc c� C.
At the December 12, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C16 a contract with MBUK2M Architecture, Inc for
the Development of Monroe County Space Planning/Facilities Assessment Report. After
discussion, motion was made by Mayor Neugent and seconded by Commissioner graining
approval and authorizing execution of the item.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Financf
File V
t
3
AGREEMENT FOR
CONSULTING SERVICES
for
THE DEVELOPMENT OF MONROE COUNTY SPACE PLANNING /FACILITIES
ASSESSMENT REPORT
This Agreement ( "Agreement ") made and entered into this 12 day of December 2012,
by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "County," through the Monroe County Board of
County Commissioners ( "BOCC'),
AND
MBI/K2M Architecture, Inc. (the "Consultant ") a corporation of the State of Florida,
whose address is 1001 Whitehead Street, Key West, FL 33040 its successors and
assigns, hereinafter referred to as "Consultant',
WITNESSETH:
WHEREAS, County desires to employ the professional services of Consultant for The
Development of the Space Planning/Facilities Assessment Report for all Monroe County
Facilities, Sites, Parks, and Beaches. Monroe County seeks a review of its existing
facilities, how they are utilized and what, if any, consolidations or rearrangements might
improve delivery of County services and reduce long term costs. The goal is to
determine potential areas for consolidation to improve the efficiency, both cost and
personnel, of the county. The product of the work will be a report outlining a 5 year
capital improvements plan, and a long term 25 year strategy for facility planning. The
Report shall include a proposed list of facilities that should be retained, repurposed,
consolidated, or surplused with projected costs or revenues incurred by the
implementation of such recommendations; and
WHEREAS, Consultant has agreed to provide professional services which shall include
determining the highest and best use of existing County owned properties, cost savings to
the County, and the benefits of increased convenience of services to the customers of
Monroe County;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, County and Consultant agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS
The Development of Monroe County Space Planning /Facilities Assessment Report Page 1
By executing this Agreement, Consultant makes the following express representations to
the County:
1.1.1 The Consultant is professionally qualified to act as the Consultant for the Project
and is licensed to provide the designated services by the State of Florida having
jurisdiction over the Consultant and the Project;
1.1.2 The Consultant shall maintain necessary licenses, permits or other authorizations
necessary to act as Consultant for the Project until the Consultant's duties
hereunder have been fully satisfied;
1.1.3 The Consultant has become familiar with the Project sites and the local
conditions under which the Work is to be completed.
1.1.4 The CONSULTANT shall provide the professional services asset forth in this
Agreement consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar
circumstances. The CONSULTANT shall perform its services as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Project.
1.1.5 The Consultant assumes responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.6 The Consultant's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Project. The
Consultant shall submit, for the County's and its representative's information, a
schedule for the performance of the Consultant's services which may be adjusted
as the Project proceeds if approved by the County, and shall include allowances
for periods of time required for the County's review, and for approval of
submission by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the County may not be exceeded
by the Consultant except for delay caused by events not within the control of the
Consultant or foreseeable by him.
1.1.7 Consultant is an independent contractor under this Agreement. Services
provided by Consultant shall be subject to the supervision of Consultant. In
providing the services, Consultant and its agents shall not be acting and shall not
be deemed as acting as officers, employees, or agents of the County, nor shall
they accrue any of the rights or benefits of a County employee.
ARTICLE II
CONSULTANT'S BASIC SERVICE
2.1 DEFINITION
Consultant's Basic Services consist of those described below and other services
identified as part of Basic Services, and include normal consulting services to develop
The Monroe County Space Planning /Facilities Assessment Report, and to complete the
Project. The Consultant shall commence work on the services provided for in this
Agreement promptly upon his receipt of a written notice to proceed from the County.
The Development of Monroe County Space Planning /Facilities Assessment Report Page 2
2.2 BASIC SERVICES INCLUDED
Task 1 — Inventory and Analysis — Leased Properties
Data collection to include:
• Analysis of lease agreements including years remaining and cost per
square foot
• Items the County is responsible for in each lease agreement
• Collection of utility bills with average annual cost
• Description of services provided to the public
• Address and location
• Number of employees at each facility, divided into each service provided
(type, FTE, PT, count, function)
• Adjacencies of services
• General physical condition review to determine if immediate relocation is
required, including health and safety of occupants and ability to deliver
services to the Public
• Photographic inventory
Deliverables:
• Compile data into spreadsheet, grouping the leased facilities
geographically (upper, middle, and lower keys)
• Total costs of operation of each facility
The fee for Task 1 shall be Twenty-Five Thousand Two Hundred Dollars
and 00/100 ($25,200.00), and shall be billed monthly ending the last day of
each month. Invoicing shall be on a percentage of work completed basis.
Task 2 — Inventory and Analysis — County Owned Properties
Data collection to include:
• Developable and developed properties
• Analysis of occupied and unoccupied square feet per facility
• Collection of utility bills with average annual cost
• Description of services provided to the public
• Statistics to include construction date, number of floors, narrative
description of use, major renovation date(s) and description(s)
• Address and location
• Number of employees at each facility, divided into each service provided
(type, FTE, PT, count, function)
• Adjacencies of services /adjacent properties
• General physical condition review (rapid visual assessment) of nine (9)
major systems with a rating system (1 -5) and life expectancy of each.
Nine (9) systems to include Site, Building Envelope, Structure, MEP
Systems, Security, Fire Protection, Vertical Circulation, Signage and
Interior Finishes
• FEMA flood zone designation
• Finished floor elevations utilizing existing surveys, elevation certificates,
or other available data to determine. Surveying is NOT included
• Photographic inventory
Deliverables:
The Development of Monroe County Space Planning /Facilities Assessment Report Page 3
• Compile data into spreadsheet, grouping the County owned facilities
geographically (upper, middle, and lower keys)
• Total costs of operation of each facility
The fee for Task 2 shall be Seventy -One Thousand One Hundred and
Twenty Dollars and 00/100 ($71,120.00), and shall be billed monthly ending
the last day of each month. Invoicing shall be on a percentage of work
completed basis.
Task 3 — Data Analysis
Analysis to include:
• Department survey instrument with one on one meetings with
director /department heads of County Services and Constitutional
Services to identify: (Survey to be a pre- determined list of questions,
prepared and administered by the Consultant, to aid in
recommendations.)
♦ Location issues
♦ Critical adjacencies and interactions between service
Understanding historic trends and key growth factors
Need for and feasibility of satellite versus centralized operations
Future plans
• Applicable industry, state, and /or local space standards will be reviewed
and used as a benchmark to assess current office, equipment, and
parking space utilization. Attention will be given to the potential space
impact of new technology enhancements and the provision of automated
services. Based on public and private practice and the Consultant's
professional planning experience, recommended space standards for
administrative office, support space, public areas and circulation,
equipment and storage unit sizes, and parking will be provided.
Identify the County's statutory requirements for Constitutionals
Deliverables:
• Forecast of future personnel requirements for each staff - driven
department over a 5 year period. The projections will quantify changes in
personnel in five -year increments through the planning horizon. The
personnel projections will consider official County population forecasts,
historic trends, and agency- specific workload factors. Recommended
projections will be reviewed with the County Project Committee and each
department head to assure reasonableness and acceptability prior to
preparation of space needs projections. For departments that are not
staff-driven, the Team will identify the impacting growth factor and project
the unit need in five year increments through 2037.
• Using the unit projection and recommended department space standard,
the Team will calculate total square footage required for each department
for 25 years. In addition, a calculation will be made to estimate the total
building space needed. This calculation will allow the development of
building footprint sizes and vertical stacking estimates and the testing of
alternate development concepts. An Excel database will be created to
develop all personnel and space projections. The database will allow the
Team to "plug" in variables, thus allowing the Team to understand the
space impact from marginal increases and decreases in population,
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space standards, etc. The database allows for the extraction of data in
various tabular and graphic formats.
The Team will provide two (2) scenarios for the consolidation, relocation,
and reconfiguration of space within existing County occupied (owned or
leased) properties based upon projected need and the results from the
facility inventory and facility assessment (Tasks 1 and 2) to identify
highest and best use. The potential for both renovations /additions as well
as the need for totally new buildings to meet the County's projected future
space needs will be considered. Departmental location and service
delivery options to residents in relation to projected County growth and
land development trends will be considered. Narratives, tables, and
figures will be used as appropriate to help illustrate each scenario
evaluated. Preliminary order of magnitude project cost estimates will be
prepared in present value dollars for each scenario. The objective will be
to develop consensus on the most effective and efficient means to deliver
necessary services to the residents of the County in a fiscally responsible
manner. Based on an analysis of the scenarios and considerations to be
used by the County stakeholders and public, the Team will provide
recommendations to the County.
The final report outlining the Consultant's final recommendations for the
consolidation of assets and services, and a 5 year capital improvements
plan. All data included in the final report shall be quantified. The
Consultant shall include narrative and graphic information.
The fee for Task 3 shall be One Hundred and Four Thousand Two Hundred
and Forty -Five Dollars and 00/100 ($104,245.00). 20% of Task 3 billing, or
$20,849.00, shall be held until the final report is received and accepted by
the County. Billing shall be monthly ending the last day of each month.
Invoicing shall be on a percentage of work completed basis.
2.3 SCHEDULE
The Consultant shall submit a schedule of all deliverables for review and
approval to the Director of Project Management, or his designee.
The Consultant shall submit a preliminary report, quantifying the Consultant's
recommendations for consolidation of County services by June 3, 2013, to the
Director of Project Management, or his designee.
2.4 COMPLETION DATE
Both parties acknowledge that the Project must be completed no later than August 16,
2013. Any extension of time must be approved by Amendment and approved by the
Board of County Commissioners.
2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant
or its subconsultants, or both.
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2.6 WRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly served if
delivered in person to the individuals and addresses listed below, or if delivered'
or sent by first class mail, certified, return receipt, or by courier with proof of
delivery.
All written correspondence to the County shall be dated and signed by an
authorized representative of the Consultant. The correspondence shall be
directed to:
Director of Project Management
Historic Gato Building
1100 Simonton Street, Room 2 -216
Key West, Florida 33040
And: Roman Gastesi
County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
Notice to the Consultant shall be delivered to:
Mbi / K2m Architecture, Inc.
1001 Whitehead Street
Key West, Florida 33040
ARTICLE III
ADDITIONAL SERVICE
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Board of County Commissioners as an addition to the
compensation paid for the Basic Services but only if approved by the Board of
County Commissioners before commencement, and are as follows:
A. Providing services of Consultant for other than the previously listed scope of
the Project provided as a part of Basic Services and pursuant to written approval
by Project Management.
B. Providing representation before public bodies other than the Board of County
Commissioners, County Division Directors, and /or County Department Heads, in
connection with the Project, upon prior approval by Board of County
Commissioners
3.2 If Additional Services are required, such as those listed above, the County shall
issue a letter requesting and describing the requested services to the Consultant.
Only after receiving an amendment to the Agreement and a notice to proceed
from the County, shall the Consultant proceed with the Additional Services.
FUNCTION HOURLY RATES
Architecture /Interior Design
Principal $225.00
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Director
175.00
Project Manager, Architect II
150.00
Senior Designer/Draftsman 1
135.00
Project Coordinator /CA
125.00
Staff Designer/Draftsman II
97.50
Draftsman III
80.00
Junior Designer
75.00
Administration
60.00
Engineering
Principal
$195.00
Director
165.00
Engineer III
135.00
Engineer II
105.00
Engineer 1
90.00
Designer III
110.00
Designer II
90.00
Designer I /CAD Operator
85.00
Clerical
60.00
Planning
Managing Principal
$275.00
Principal
250.00
Vice- President/Sr. Architect
225.00
Sr. Associate
175.00
Associate
150.00
Sr. Planner
125.00
Planner
100.00
Support
75.00
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 County shall provide most reliable data available to it including objectives,
schedule, constraints and criteria.
4.2 County shall designate a representative to act on the County's behalf with
respect to the Project. The County or its representative shall render decisions in
a timely manner pertaining to documents submitted by the Consultant in order to
avoid unreasonable delay in the orderly and sequential progress of the
Consultant's services.
4.3 Prompt written notice shall be given by County through its representative to
Consultant if County becomes aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to
have been duly served if sent pursuant to paragraph 2.6.
4.4 The County shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress
of the Consultant's services.
4.5 The County's review of any documents prepared by the Consultant or its
subconsultants shall be solely for the purpose of determining whether such
The Development of Monroe County Space Planning /Facilities Assessment Report Page 7
documents are generally consistent with the County's criteria, as, and if,
modified. No review of such documents shall relieve the Consultant of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 Information requested by Consultant that may be of assistance to the Consultant
and to which the County has immediate access will be provided as requested.
4.7 The County shall establish and update an overall budget for the Project based on
consultation with the Director of Project Management and the Consultant,
which shall include remediation costs, other county costs, and reasonable
contingencies related to all of these costs.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the CONSULTANT covenants and agrees that it shall indemnify and hold
the COUNTY and the COUNTY's elected and appointed officers and employees
harmless from liabilities, damages, losses, costs, including, but not limited to reasonable
attorneys fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the CONSULTANT and other persons employed or utilized by the
design professional.
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.
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.
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.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
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The Consultant shall assign only qualified personnel to perform any service concerning
the project. At the time of execution of this Agreement, the parties anticipate that the
following named individuals will perform those functions as indicated:
NAME
FUNCTION
Anthony Sarno
Project Manager -Data Collection /Data Analysis/
Scott C. Maloney
Report Writing
Principal in Charge -Data Analysis/Quality Reviewer
Aileen Garrido
Architectural Intern -Data Collection /Report Writing
Craig Pennington
Project Coordinator -Data Collection/Report Writing
Pinky Singh
Project Coordinator -Data Collection/Report Writing
Chloe Jaco
Government and Justice Facilities Master Planning
Bob Goble
Government System & Facilities Master Planning
Aaron Baggarly
Enrique Macia
Government and Justice Facilities Master Planning
Chris Monsma
Government Facility Designer
Statistical Analysis & Forecast Modeling
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. If they are
replaced Consultant shall notify County of the change immediately.
ARTICLE VII
COMPENSATION
7.1 CONTRACT SUM
The County shall pay the Consultant for performance of this Agreement the sum
of Two Hundred Thousand Five Hundred Sixty -Five Dollars and 00/100
($200,565.00).
7.2 PAYMENTS
7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and
performances of the duties, obligations and responsibilities set forth herein, the
Consultant shall be paid pursuant to the Florida Prompt Payment Act.
(A) If the Consultant's duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this
Agreement, compensation due to the Consultant shall be equitably
adjusted, either upward or downward.
(B) As a condition precedent for any payment due under this Agreement, the
Consultant shall submit monthly, unless otherwise agreed in writing by
the County, a proper invoice to County requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
Consultant's invoice shall describe with reasonable particularity the
service rendered. The Consultant's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is
sought as the County may require.
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(C) County will send a copy of the original invoice and accompanying
documentation to the Clerk of Court for disbursement. Acceptability for
payment by the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
7.3 REIMBURSABLE EXPENSES
a. Reimbursable expenses shall be paid when submitted by Consultant,
in writing, but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes, and /or Monroe County Code whichever is more
restrictive. Out of the County travel shall be approved prior to travel
expenses are incurred in writing by Project Management. Travel inside the
county shall not be paid within ten (10) miles of the CONSULTANT's Key
West Office. All travel shall be scheduled and organized by the
CONSULTANT to eliminate duplication of trips by personnel and of
reimbursement expenses by personnel.
b. Fees paid for securing approval of authorities having jurisdiction over the
project.
c. Postage of drawings and specifications except for those charges for postage
between the Consultant's branch offices and between the Consultant and his
consultants.
d. Renderings and models requested by the County.
e. Reimbursable Expenses shall not exceed Ten Thousand Four Hundred
Dollars and 00/100 ($10,400.00); additional reimbursable expenses may be
approved by the Board of County Commissioners via contract amendment.
7.4 BUDGET
7.4.1 The Consultant may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in
each fiscal year (October 1 - September 30) by County's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative
act of the County's Board of County Commissioners.
7.4.2 The County's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
INSURANCE
8.1 The Consultant shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of
the Consultant's failure to purchase or maintain the required insurance, the
Consultant shall indemnify the County from any and all increased expenses
resulting from such delay.
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8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and
that has an agent for service of process 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.
8.3 Consultant shall obtain and maintain the following policies:
A) Workers' Compensation
Prior to the commencement of work governed by this contract, the Consultant
shall obtain Workers' Compensation Insurance with limits sufficient to
respond to the applicable state statutes. In addition, the Consultant shall
obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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 Consultant has been approved
by the Florida's Department of Labor, as an authorized self- insurer, the
County shall recognize and honor the Consultant's status. The Consultant
may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Consultant's
Excess Insurance Program. If the Consultant participates in a self- insurance
fund, a Certificate of Insurance will be required. In addition, the Consultant
may be required to submit updated financial statements from the fund upon
request from the County.
B) General Liability
Prior to the commencement of work governed by this contract, the Consultant
shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include as a minimum:
• Premises Operation.
• 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:
$300,000 per Person
$500,000 per Occurrence
$200,000 Property Damage
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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.
C) Vehicle Liability
Recognizing that the work governed by this contract requires the use of
vehicles, the Consultant, 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:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
D) Professional Liability
Recognizing that the work governed by this contract involves the furnishing of
advice or services of a professional nature, the Consultant 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
Consultant arising out of work governed by this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence /$1,000,000 Aggregate
E) Consultant shall require its subconsultants to be adequately insured at least
to the limits prescribed above, and to any increased limits of Consultant if so
required by County during the term of this Agreement. County will not pay for
increased limits of insurance for subconsultarits.
F) Consultant shall provide to the County certificates of insurance or a copy of
all insurance policies including those naming the County as an additional
insured. The County does not require that it be named as additional insured
on professional liability policies only. The County reserves the right to require
a certified copy of such policies upon request.
ARTICLE IX
MISCELLANEOUS
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9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the Consultant for this Project shall become the
property of the County upon payment in whole and in part of sums due
consultant and may be reproduced and copied without acknowledgement or
permission of the Consultant.
9.3 SUCCESSORS AND ASSIGNS
The Consultant shall not assign its right hereunder, except its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the
County. Subject to the provisions of the immediately preceding sentence, each
party hereto binds itself, its successors, assigns and legal representatives to the
other and to the successors, assigns and legal representatives of such other
party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
9.5 TERMINATION
Either party hereto may terminate this Agreement upon giving seven (7) days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein. The County may terminate this
Agreement without cause upon giving seven (7) days written notice to the
Consultant. If the County utilizes this provision, the termination shall supersede
any obligation under paragraph 9.15. Termination expenses shall be paid and
shall include all expenses until date of termination and any additional services
required in order to stop performance of services, subject to audit for verification.
9.6 CONTRACT DOCUMENTS
The contract documents consist of the Agreement for Consulting Services
Between Owner and Consultant, Request for Qualifications submitted by the
Consultant and addenda, and any exhibits issued prior to execution of the
contract, other documents listed in the Agreement and modifications issued after
execution of the Contract.
9.7 PUBLIC ENTITIES CRIMES
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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 contracts to provide any
goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, Consultant represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from
County's competitive procurement activities.
In addition to the foregoing, Consultant further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an
act defined by Section 287.133, Florida Statutes, as a "public entity crime" and
that it has not been formally charged with committing an act defined as a "public
entity crime" regardless of the amount of money involved or whether Consultant
has been placed on the convicted vendor list.
Consultant will promptly notify the County if it or any subconsultants are
formally charged with an act defined as a "public entity crime" or has been
placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
Consultant shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or its
authorized representatives shall have reasonable and 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 County Clerk determines
that monies paid to Consultant pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Consultant shall repay the
monies together with interest calculated pursuant to Sec. 55.03, of the Florida
Statutes, running from the date the monies were paid by the County.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, County and
Consultant agree that venue shall lie in Monroe County, Florida, in the
appropriate court or before the appropriate administrative body. The Parties
waive their rights to a trial by jury. The County and Consultant agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
The Development of Monroe County Space Planning /Facilities Assessment Report Page 14
between any of the parties, the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted
by 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.
9.11 ATTORNEY'S FEES AND COSTS
The County and Consultant agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs, as an award against the
non - prevailing party, and shall include reasonable attorney's fees and courts
costs, in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of
Monroe County.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Consultant and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
Consultant and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR 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 15 days after
The Development of Monroe County Space Planning /Facilities Assessment Report Page 15
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.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, County and Consultant agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Consultant specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
9.17 NONDISCRIMINATION
Consultant 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. Consultant or County agrees 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 (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) Monroe County Code Chapter 13, Article VI, which
prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
Consultant and County covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with
The Development of Monroe County Space Planning /Facilities Assessment Report Page 16
its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and
employees as 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.
9.20 NO SOLICITATION /PAYMENT
The Consultant and County affirmatively represent 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 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.
9.21 PUBLIC ACCESS.
The Consultant and County shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Consultant and County in connection with this
Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Consultant.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the Consultant and the County in this Agreement and the acquisition of any
commercial 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.
9.23 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
The Development of Monroe County Space Planning /Facilities Assessment Report Page 17
duties of such officers, agents, volunteers, or employees outside the territorial
limits of the County.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
9.25 NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the Consultant
and the County agree that neither the Consultant nor the County or any agent,
officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
Consultant agrees to execute such documents as County may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement. Signature of this Agreement by Consultant
shall act as the execution of a truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following
the end of the Agreement.
9.27 NO PERSONAL 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.
9.28 EXECUTION IN COUNTERPARTS
The Development of Monroe County Space Planning /Facilities Assessment Report Page 18
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.
9.29 PUBLIC RECORDS
Should the County receive a request for documents pursuant to Chapter 119,
Florida Statutes, Consultant shall cooperate with the County to facilitate the
County's compliance with Chapter 119, Florida Statutes. Should Consultant
assert any exemptions to the requirements of Chapter 119 and related statutes,
the burden of establishing such exemption, by way of injunctive or other relief as
provided by law, shall be upon Consultant Failure by Consultant to cooperate
with the County in connection with a Public Records request shall be grounds for
immediate unilateral cancellation of the Agreement by the County.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authoriz0d:nepresentative on the day and year first above written.
(SEAL)
Attest: Monroe County Clerk of Courts
Deputy Clerk
BOARD OF COUNTY COMISSIONERS OF
MONROE COUNTY, FLORIDA
Y•
Mayor /Chairman
(Seal)
Attest:
BY:
Title:
CONSULTANT- MBI /K2M Architecture, Inc.
c r
By.
Title:
Date:
STATE OF FLORIDA _
COUNTY OF MONROE r
On this AO day of J,t, , 2012. before me, the undersigned notary public, CA
personally appeared "' known to me to be the person whose name is
subscribed above and acknowledged that he /sh is the person who executed the above Contract
with Monroe County for Professional Services for the Development of Monroe County Space
Planning/Facilities Assessment Report
(_ Rz
AU X 1
OT RY PUBLIC
My Commission Expires: P C� , c�. �T g......... �
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RENEE WASHBURN
NOTARY PUBLIC
STATE OF OHIO
Comm. Expires
June 15, 2014
The Development of Monroe County Space Planning /Facilities Assessment Report Page 19
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
EMCS CLAUSE
" m i I k2m Architecture. Inc, It
(Company)
warrants that he /it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No.
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 considerafn paid to the former County officer or
employee ".
Date:
STATE OF: Ohio
COUNTY OF: Cuyahoga
Subscribed and sworn to (or affirmed) before me on 7/25/12
J;��ras (name of affiant). He/She is
wn to me or has produced f� P. t k-) C, n S L ) � L Q
identification. (type of identification)
AlPRIAL S
9T . .. ........
Eo
RENEE WASHBURN
NOTARY PUBLIC
STATE OF OHIO
Comm. Explres
June 15, 2014
l)
NOTARY PUBLIC
My commission expires: �� 1 5 . a0
35
REQUEST FOR QUALIFICATIONS FOR THE DEVELOPMENT OF MONROE COUNTY SPACE
PLANNING/ FACILITIES ASSESSMENT REPORT MONROE COUNTY, FLORIDA
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
mbi I k2m Architecture Inc
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
- 1 of working on the commodities or contractual services that are under bid, the employee
J will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring In the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Signature
7/25/12
Date
l REQUEST FOR QUALIFICATIONS FOR THE DEVELOPMENT OF MONROE COUNTY SPACE 36
J PLANNING/ FACILITIES ASSESSMENT REPORT MONROE COUNTY, FLORIDA
NON - COLLUSION AFFIDAVIT
I, - Scott (,' Mainnev of the city of. Key West, FL
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am nirector
of the firm of __mbi I k2m Arc:hit t it Inc,
the bidder making the Proposal for the project described in the Request for
Qualifications for.
The Develocment of Space Planning / Facilities Assessment
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
ful Oowledge that Monroe County relies upon the truth of the statements
ained in this affidavit in awarding contracts for said project.
7/25112
OwE Respondent) (Date)
STATE OF: Ohio
COUNTY OF: -Cuyahoga
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Scott C. Malone
who, after first being sworn by me, (name of individual signing) affixed
ature in the space provided above on this 95th day of July
SF RENEE WASHBURN
O
NOTARY PUBLIC
STATE OF OHIO Lk O�
*:
;: 0 Comm. Expires NOTARY PUBLIC ,� ,,,� p
June 15, 2014 My Commission Expires: if S
37
j ) FOR' QUALIFICATIONS FOR THE DEVELOPMENT OF MONROE COUNTY SPACE
PLANNING/ FACILITIES ASSESSMENT REPORT MONROE COUNTY, FLORIDA
E
2012 /2013
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2013
Business Name: MBI /K2M ARCHITECTURE, INC
RECEIPT# 47161 - 103202
Owner Name: MICHAEL S INGRAM Business Location: 1001 WHITEHEAD ST
Mailing Address: 1001 WHITEHEAD ST KEY WEST, FL 33040
KEY WEST, FL 33040 Business Phone: 305 -292 -7722
Business Tl Ve: MISCELLANEOUS SERVICE (PARKING LOT)
Rooms seats Employees Machines Stalls
1
For Vending Business only
Num6ar of Matfifnas_ Vondine Tvoe:
Tax Amount
I Transfer Fee
I Sub -Total
Penalty
I Prior Years
I Collection Cost
ITotal Paid
22.001
0.001
22.001
0.001
0.00
1 0.001
22.00
Paid 124 -11- 00004166 09/11/2012 22.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danlse D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND /OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041 -1129
EXPIRES SEPTEMBER 30, 2013
Business Name: MBIMM ARCHITECTURE, INC RECEIPT# 47161- 103202
Business Location: 1001 WHITEHEAD ST
Owner Name: MICHAEL B INGRAM KEY WEST, FL 33040
Mailing Address: 1001 WHITEHEA0 ST Business Phone: 305 -292 -7722
KEY WEST, FL 33040 Business Type: MISCELLANEOUS SERVICE (PARKING LOT)
Rooms Seats Employees Machines Stalls
1
For Vending Business Only
Number of Machines! Vending Tvoe:
Tax
Transfer Fee - Sub-
Total - -- - - --
Penalty - -.-
I Prior-Years- - C- ollection Cost-
Total Paid -
22.
0.001
22.001
0.00
0.00 0.04
22.00
Paid 124 -11- 00004166 09/11/2012 22.00
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