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12/14/2016 Agreement
AGREEMENT FOR CONSULTING SERVICES FOR CUDJOE KEY LONG TERM CARE PERMIT RENEWAL Cudjoe Key Closed Class 1 Unlined Landfill, Blimp Road, Cudjoe Key, FL 33032 Th' Agreement ( "Agreement ") made and entered into this day of '��ftr , 201k 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 Stearns, Contad and Schmidt, Consulting Engineers, Inc. d /b /a/ SCS Engineers whose principal address is 3900 Kilroy Airport Way, suite 100, Long Beaqch, CA 90806 and whose local state address is 4041 Park Oaks Blvd., Suite 100, Tampa, FL 33610 -9501 hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the Cudjoe Key Long Term care Permit Renewal at the Cudjoe Key Closed Class I Unlined Landfill, Blimp Road, Cudjoe Key, FL 33042; and; WHEREAS, CONSULTANT has agreed to provide professional services which services shall collectively be referred to as the "Project "; 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: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Scope of Work and information sources available to complete the work. 1 1.1.3 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.4 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.5 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Appendix A. 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. 2.2 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. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Will Thompson Solid Waste Director 1100 Simonton Street, Room 2 -213 Key West, Florida 33040 And: County Attorney 2 Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, Florida 33040 And CONSULTANT: Shane R. Fischer, P.E. 4041 Park Oaks Blvd., Suite 100 Tampa, FL 33610 -9501 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III are not included in the Basic Scope of Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Scope of Services and are as follows: Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The 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. 4.2 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become 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 2.3. 4.3 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 and work of the contractors. 4.4 The COUNTY's review of any documents prepared by the CONSULTANT shall be solely for the purpose of determining whether such documents are generally consistent with the 3 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. 4.5 The COUNTY shall provide copies of necessary documents required to complete the work. 4.6 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, errors, or any other wrongful act or omission of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 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. 5.3 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 COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the documents provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII COMPENSATION 6.1 PAYMENT SUM 6.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates and schedule negotiated and agreed upon and shown in Appendix A. 6.2 PAYMENTS 6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid as shown in Appendix A. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. 4 (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 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 at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project as shown in Appendix A: a. Travel expenses related to completion of Project, submitted by CONSULTANT, in writing and authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of Project maps or drawings or other materials used in performing the scope of services and postage and handling of reports. 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 IX MISCELLANEOUS 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 Upon payment in full for services rendered the documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied unchanged without acknowledgement or permission of the CONSULTANT. 5 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. 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 A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 PUBLIC ENTITIES CRIMES 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 CONUSULTANT has been placed on the convicted vendor list. 6 CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.9 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. Records shall be retained for a period of five years from the termination of this agreement. 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 Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, 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. 9.10 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 the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.11 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. 9.12 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, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 7 9.13 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. 9.14 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. 9.15 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. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 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. 9.18 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 8 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 patient 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 may be 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. 9.19 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. 9.20 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. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the 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. 9.22 PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or 9 received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 10 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY- BRIANO,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 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. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 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. 9.26 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. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION 11 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. 9.28 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. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. .t'ti4,-, BOARD OF COUNTY COMMISSIONERS ,.∎' - , Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA ■ ...1 By: Any.. 44 Y). 't rk Mayor /ChairrAn Date: I2) 24 iThtio (Seal) Consultant tte UP B : �:� 1,� = L4.. B ._--/ Title: }�G>�Tp� r Title: Ap,. v c/' v7 MONROE COUNTY ATTORNEY PPRO EDD AS TO FORM: (. ldttt jdaGt f ��,` 2 e,� 12 CHRISTINE M. LIMBERT- BARROWS ASSIST4NT C LINTY ATTORNEY Date ' I T ( p • END OF AGREEMENT 13 Appendix A • Environmental Consultants 4041 Park Oaks Blvd. 813 621 -0080 and Contractors Suite 100 FAX 813 623 -6757 Tampa, FL 33610 -9501 www.scsengineers.com SCS ENGINEERS October 20, 2016 File No. 090398216 Will Thompson Director, Solid Waste Monroe County Public Works 1100 Simonton St., Rm. 2 -231 Key West, FL Subject: Proposal for Cudjoe Key Long Term Care Permit Renewal Cudjoe Key Closed Class I Unlined Landfill Blimp Road, Cudjoe Key, FL 33042 INTRODUCTION Monroe County Division of Solid Waste (County) is required to submit a permit renewal application for the Cudjoe Key Closed Class I Unlined Landfill Long Term Care (LTC) permit No. 67347 - 009 -SF. The most recent LTC permit for the landfill expired on August 2, 2016. The requirements for the LTC permit renewal are stipulated in Chapter 62- 701.620 Long -Term Care, Florida Administrative Code (FAC), the permit (Specific Condition A.3), and outlined in the State of Florida Department of Environmental Protection (FDEP) Application for a Permit to Construct, Operate, Modify or Close a Solid Waste Management Facility Application Form 62- 701.900(1). SCOPE OF SERVICES SCS will perform the following scope of services to create and submit the necessary documentation to FDEP for a LTC permit renewal application for the landfill. Task 1 - Prepare LTC Permit Renewal Application Per Specific Condition A.3 of the LTC permit SCS will prepare the LTC permit renewal application forms in a manner prescribed by the Department. FDEP Form 62- 701.900(1) provides the instructions and requirements necessary to construct, operate, modify or close a solid waste management facility. For the LTC permit renewal application the required sections of the FDEP Form are as follows. 1. Part A General Information - SCS will complete this Part using new and updated information which reflect current conditions, new information developed by the County, and other documents as appropriate. Offices Nationwide 2. Part B Disposal Facility General Information - SCS will complete this Part using new and updated information which reflect current conditions, new information developed by the County, and other documents as appropriate in consultation with the County. 3. Part C Prohibitions - Not applicable. 4. Part D Solid Waste Management Facility Permit Requirements, General - SCS will complete this Part using new and updated information which reflect current conditions, new information developed by the County, and other documents as appropriate in consultation with the County to create an Engineering Report that will address the requirements of the rules. 5. Parts E through K - Not applicable. 6. Part L Water Quality and Leachate Monitoring Requirements - SCS will submit this section as "No Change ". 7. Part M - Not applicable. 8. Part N Gas Management System Requirements - SCS will submit this section as "No Change ". 9. Part 0 Landfill Final Closure Requirements - SCS will submit this section as "No Change ". 10. Part P Other Closure Procedures - SCS will complete this Part P of the application referencing information and data as necessary, information furnished by the County which reflect current conditions, new information developed by SCS, and other documents as appropriate. 11. Part Q Long Term Care Requirements - SCS will complete this Part Q referencing information and data as necessary, information furnished by the County which reflect current conditions, and other documents as appropriate. SCS will provide an abbreviated Stabilization Report as required for the permit renewal. 12. Part R Financial Responsibility Requirements — SCS will submit this section as "No Change ". Per SCS correspondence with FDEP it was decided that an updated closure cost estimate was not required. A closure cost estimate was submitted and approved on August 17, 2016 and there will be no more required closure cost estimate updates due for this facility, financial assurance shall not be required for this facility after October 17, 2017, which represents 20 years from the date that the landfill closure construction certification was approved. Therefore, revised financial assurance cost estimates will not be included as part of the LTC permit renewal application. 13. Part S Certification by Applicant and Engineer or Public Officer - SCS will complete Part S of the application form and execute Item 2 as the Professional Engineer Registered in Florida. The County will execute Item 1 as the Applicant. Task 3 — Site Visit As part of the permit renewal application process SCS will conduct one site visit to the Cudjoe Key Closed Class I Unlined Landfill to observe and document site conditions, and take photographs to assist in the creation of the stabilization report section of the permit renewal application. Task 3 - Technical Report Per Appendix 3, V.H. of the LTC permit, SCS will evaluate the water quality monitoring data and create the required Technical Report to include the last evaluation of the ground water for approximately the previous five years of site data collected. The evaluation will include the applicable information as listed in Rule 62- 701.510(8)(b) Water Quality Monitoring Reporting, FAC and an assessment of the effectiveness of the existing facility design and operations as related to the prevention of groundwater contamination. The periods of time to be covered by permit for the Monitoring Plan Evaluation Report are as follows: • First half of 2011 to the first half of 2016. The Technical Report will include the following elements: • Tables and figures of monitoring parameters detected during the reporting period. • Trend analysis of monitoring parameters consistently detected. • Comparison of detected parameters among the monitoring network. • Monitoring well hydrographs, including rainfall, for the reporting period. • Interpretation of groundwater elevations • Correlation between related parameters. • Evaluation of the adequacy of the water quality monitoring program The Technical Report will be prepared by, or under the direct supervision of, a professional geologist or professional engineer with experience in hydrogeological investigations. The report will be signed and sealed by the professional geologist or professional engineer. SCS will include the Technical Report as an attachment in the LTC permit renewal application. SCS will submit one draft copy of the LTC Permit renewal application package to the County for review and comment. After addressing County comments, SCS will finalize the permit application documents and submit one copy signed and sealed by a licensed Florida Professional Engineer to FDEP and one copy to the County. The County will be responsible for all permit application fees associated with the LTC permit renewal application. ASSUMPTIONS • No additional permit applications or submittals to FDEP beyond the submittals described above will be required. If FDEP requires additional submittals or analyses this work can be performed with a separate scope of services and budget, with prior County approval. • No response to any requests for additional information (RAI) from FDEP will be required. If FDEP requires an RAI response this work can be performed with a separate scope of services and budget, with prior County approval. • No field investigations or new engineering calculations, other than outlined above, will be required to prepare the LTC permit renewal application. • The County will be responsible for all permit application fees associated with the LTC permit renewal application. • The County will supply SCS with all of the current electronic files (Microsoft Word, Microsoft Excel, AutoCAD, water quality results for the Technical Report period, etc.) applicable in support of the LTC permit renewal application. • Should unanticipated issues arise or additional work is required by FDEP's review of the application submittal not mentioned in this scope of services, SCS will provide the County with a separate scope of services and fee estimate for responding to such issues. FEE ESTIMATE SCS will perform the scope of services described above on a time and materials basis with a not to exceed fee of $33,183. The basis of our fee estimate is provided in Exhibit 1. If you have any questions regarding the information contained herein, please contact the undersigned at (813) 621 -0080. Sincerely, 5" Sh. R. Fischer, P.E. Ian U. Spurlock, E.I. Pro -ct Director Staff Professional SCS ENGINEERS SCS ENGINEERS cc. Will Thompson (Monroe County) • Exhibit 1 Fee Estimate • N O O co O O O p rn m O O O O (n 6 p O eii M 00 p 00 N M M M •4 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y O O O O kn o O O t cn O O O to n O ( (n O r.+ , ' N 00 00 irl N a1 00 t O N- 00 00 VD 00 L Ca En N N - - a .. 0 0 O 0 0 O N 00 O 00 O\ 4 — _ r••• ON CC L C 7 = C 1 W 3 O O 0 0 0 0 0 co 0 Q Z el) DD O DD N N O C Z w o 0 x F-. w r„ 4 ■D w V a N °'— O O 0 0 0 O iT W.1 ~ 0. 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CS V) L 7 0 0 0 kn - kn 0 0 0 0 0 0 0 0 0 in - 0 0 - 0 0 0 0 0 ■\0 \ 0 0 0 0 0 0 0 0 X 0 0 0 0 E c„„„) o o o M oo c e: o E- - o E E -a -a E •a v -a -a v 8 -a 8 = W z a 0 eel w U 4 C =>O 4 W c C 4 ao 0 0 0 W w w co 4 Z 0 z E-vp0 0. E- W W - � 4 ,� w E-■ W O Ca U a 0 . Ct Q Q Cl. Q cn a) U 0 a) s :4 a) L Y V a a .. 3 0 E- Z E o cA 0 0 a ° a c °� Q a a) es CI. — L E- o s, o o a U a) .J a) LLD : cu a � 4 i�.O.. > >C4 E- E- � a,_ ¢ 2_ -4 axce w_cn Z F-HH r '� CERTIFICATE OF LIABILITY INSURANCE DAT1(vM/D00116YYY) 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'E w PRODUCER CONTACT . AOn Risk insurance Services West, Inc. NAME: Los Angeles CA Office (AIC Est): (866) 283 -7122 I No.): 800- 363 -0105 cp 707 wilshi re Boulevard E -MAIL o Suite 2600 ADDRESS: _ Los Angeles CA 90017 -0460 USA INSURER(S) AFFORDING COVERAGE NAIC 8 INSURED INSURER A: Zurich American Ins Co 16535 SCS Engineers INSURER B: Steadfast Insurance Company 26387 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806 -6816 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064743170 REVISION NUMBER: 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. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MWDDNYTYL IMM/DD/Yrra LIMITS A X COMMERCIAL GENERAL LIABIUTY GL0011277801 03/31/2016'03/31/201r EACH OCCURRENCE 41,000,000 DAMAGE I O RENTED CLAIMS -MADE El OCCUR 51,000,000 000 , 000 PREMISES (Ea occurrence) — MED EXP (Any one person) 425,000 PERSONAL &ADV INJURY 43,000,000 r GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 44,000,000 v PRO POLICY © JECT © LOC PRODUCTS - COMP /OPAGG 54,000,000 co — I ( OTHER: 0 AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT ` (Ea accident) ANYAUTO BODILY INJURY ( Per person) 0 SCHEDULED Z OWNED AUTOS BODILY INJURY (Per accident) 0) H AU O T OS V NON -OWNED PROPERTY DAMAGE l6 ONLY _ AUTOS ONLY (Per accident) w • 0) UMBRELLAUAB OCCUR EACH OCCURRENCE U EXCESS LIAR CLAIMS -MADE AGGREGATE DED I (RETENTION • A WORKERS COMPENSATION AND WC011277901 04/01/2016 04/01/2017 X PER STATUTE I 10TH - EMPLOYERS' LIABILITY YIN ER ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT 41,000,000 OFFICER/MEMBER EXCLUDED? I N I N 1 A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 51,000,000-- B Env Prof (E&O) IPR379235301 03/31/2016 03/31/2017 Per Claim 41,000,000 Prof /Poll Liab Aggregate 52,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE:Job Number: 90000002.09, Job Description: Cudjoe Key long term care Permit Renewal. 2 The Monroe County Board of county Commissioners as required by written contract is included as addit' / .�• y .� nsured in accordance with the policy provisions of the General Liability policy. �i/ .- kw APPRO � D ilyj��►' GEMENT sr..: WA, l`I/A CERTIFICATE HOLDER CANCELLATION is— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. Monroe County AUTHORIZED REPRESENTATNE -- ATM : Christine Limbert 1111 12th street, Suite 408 a v9t 11 w Key West FL 33040 USA aJ c(Jy ` cl ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD