03/18/2015 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUR COURT & COMPi1i0LLER
MONROE COUNTY, FLORIDA
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DA TV: March 26, 2015
TO: Bob Shillinger,
County Attorney
ATTN: Kathy Peters
FROM: Lindsey Ballard, D. CX
At the March 18, 2015, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item Q16 agreement with Aronberg & Associates Consulting Engineers,
Inc. to serve as engineering consultant related to construction issues on County Road 905.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
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500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
AGREEMENT FOR EXPERT WITNESS AND CONSULTING SERVICES
THIS AGREEMENT is made as of this day of /44V'0 ,
2015, between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA, ( "COUNTY "), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and Aronberg and Associates
Consulting Engineers, Inc., ( "CONSULTANT ") a Florida corporation, with principal
offices at 1304 SW 160 Avenue, Suite 220, Fort Lauderdale, Florida, 33326, for expert
witness and consulting services in connection with the construction dispute and potential
claim known as the County Road 905 ( "MATTER ");
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert
witness and consulting services in connection with the MATTER; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT shall provide engineering opinions, expert witness testimony, necessary
related research, investigation, and reporting relating to the MATTER and contract
between Construct Group Corp. (CGC) and COUNTY.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be as follows:
Non - testimony time that includes research, pre -trial or other meetings is charged
at the hourly rates listed below:
Engineer — Ralph Aronberg ...............$350.00
Traffic Technician/Drafting/Graphics .... $75.00
Administrative and clerical time is not billable.
2. The CONSULTANT Engineer's testimony time, should it become necessary, will
be charged at a rate of $350.00 per hour. Testimony time includes time required to be
available for testimony immediately before and after testimony with approval of the
County Attorney or his designee.
3. Time and related fees incurred when a deposition of CONSULTANT Engineer is
taken by other parties to the lawsuit will be billed to and are the responsibility of the
party setting the deposition. However, in the event the party taking the deposition refuses
to make payment for these services, the client agrees to make payment to Aronberg and
Associates for these services.
SECTION III. PAYMENT
CONSULTANT shall be reimbursed for expenses which include travel, transportation,
food, and related expenses only to the extent and in the amounts authorized by Section
112.061, Florida Statutes and the Monroe County Code, payment will be made
periodically, but no more frequently than monthly, in arrears. Expenses and hourly billing
shall be submitted to COUNTY by invoice with supporting documentation acceptable to
the Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
Travel time within the local area, defined as a radius of 50 miles from the
CONSULTANT'S office is not billable. Time spent in transit outside CONSULTANT's
local area is billable if requested by the County Attorney or his designee and is
determined by the County Attorney or his designee that travel is in the County's best
interest.
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.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed
this agreement shall be changed by written amendment to this Agreement.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties and shall continue in
effect until the services are completed or terminated. This Agreement may be terminated
by either party, with or without cause, upon seven days written notice to the other party.
SECTION V. NON - WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the Consultant harmless; 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.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION VIII. 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.
SECTION IX. 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:
FOR COUNTY:
Mr. Robert Shillinger
County Attorney
P.O. Box 1026
. i
Key West. Florida 33041
(305) 292 -3470
FOR CONSULTANT:
Mr. Ralph Aronberg
1304 SW 160th Avenue
Suite 220
Fort Lauderdale. Florida, 33326
(954) 236 -6605
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XI. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XHI. 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 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. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
rd
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION XVI. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
(SEAL) BOARD OF COUNTY
COMISSIONERS OF
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