Item L05County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
y
w)
Mayor Pro Tem David Rice, District 4
�r
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: L.5
Agenda Item Summary #2708
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to negotiate $0 on -call contract with Jones Edmunds &
Associates, Inc. For Category C Environmental And Environmental Engineering Services.
ITEM BACKGROUND: The County may have a need over the next 4 -5 years for the professional
on -call services of consultants to perform environmental or environmental engineering and related
services, not only for the County's canal restoration program but for other programs and departments
as well. The County advertised an RFQ for on -call services on August 18, 2016 and received six (6)
responses for Category C Environmental /Environmental Engineering Services on September 28,
2016. Staff met on January 10, 2017, in a publicly noticed meeting to rank the responses. The six
firms were evaluated, scored and placed in rank order. Staff recommended moving forward with 3 of
the 6 firms that responded: AMEC, Jones Edmunds and Associates, Inc. and WSP Parsons
Brinckerhoff, Inc.
Potential services included in the RFQ included not only canal related services, but also a variety of
environmental, emergency, sea level rise and other miscellaneous needs, as follows:
• performing studies;
• engineering studies;
• engineering design services;
• surveying;
• drafting;
• geotechnical investigations for land and water based projects;
• environmental assessments;
• sediment and water quality studies;
• sampling analysis and monitoring;
• permit preparation;
• preparing construction plans, specifications and solicitation / contract documents;
• assisting with review of contractor proposals or bids;
• comprehensive project management services;
• construction engineering and inspection services;
• water quality sampling and monitoring;
• benthic surveys and associated database;
• assess damage after a disaster such as a hurricane, ship grounding, or oil spill;
• assess changes as a result of climate change;
• assess improvements as a result of improved stormwater and wastewater treatment projects,
or other water quality improvement projects;
• identifying data gaps or future needs;
• Geographic Information System mapping and geodatabase development;
• groundwater monitoring;
• vegetative surveys such as those used to obtain baseline data for identifying areas vulnerable
to sea level rise, or for identifying areas that should be preserved to offset vulnerable
ecological communities;
• GIS inventories and database of County properties that may be used but not limited to
ecological restoration or adaptability projects, including identification of hurricane debris
staging and areas consisting of transitional and upland habitat that may transition to coastal
habitats as sea level rises;
• land use code review for consistency with adaptive management goals;
• Phase I and 11 Environmental Site Assessments;
• remedial action plans; water quality studies;
• permitting for environmental projects;
• tree inventories and tree canopy studies and reports and listed species surveys
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
02/15/17: Approval to negotiate $0 on -call contracts with Amec Foster Wheeler Environment
Infrastructure, Inc., Jones Edmunds & Associates, Inc., and WSP / Parsons Brinckerhoff, Inc., the
three highest ranked respondents, for Category A environmental / environmental engineering
services.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Jones Edmunds Contract (2)
FINANCIAL IMPACT:
Effective Date: March 15, 2017 Expiration Date: March 14, 2021
Total Dollar Value of Contract: To be determined through Task Orders
Total Cost to County: TBD Current Year Portion: To be determined by Task Order
Budgeted: No Source of Funds: To be determined by Task Order
CPI: Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No County Match:
Insurance Required: Yes Additional Details:
N/A
REVIEWED BY:
Rhonda Haag
Completed
03/28/2017 10:19 AM
Pedro Mercado
Completed
03/28/2017 11:31 AM
Budget and Finance
Completed
03/28/2017 1:53 PM
Maria Slavik
Completed
03/28/2017 1:53 PM
Kathy Peters
Completed
03/28/2017 2:06 PM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
FOR CATEGORY C
ENVIRONMENTAL ENGINEERING SERVICES
This Agreement ( "Agreement ") made and entered into this day of , 2017,
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 JONES EDMUNDS & ASSOCIATES, INC., its successors and
assigns, a corporation of the State of Florida, whose address is 730 NE Waldo Road, Gainesville,
FL 32641, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various potential County Canal Restoration Projects located in Monroe
County, Florida; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
environmental projects in which construction costs do not exceed $2,000,000; and
WHEREAS, the potential professional services to be implemented under this Contract will be for
services in the form of a continuing contract, commencing the effective date of this agreement
and ending four years thereafter, with options for the County to renew for one additional 1 year
period and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of
work, time schedule, charges and payment conditions, and additional terms and conditions that
are applicable to such Task Orders; and
WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the
COUNTY's written authorization to CONSULTANT to proceed with the services described in
the Task Order; and
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order
and the modification shall be precisely described; and
WHEREAS, the CONSULTANT shall provide Category C comprehensive environmental
engineering services including but not limited to performing studies, engineering studies,
engineering design services, surveying, drafting, geotechnical investigations for land and water
based projects, environmental assessments, sediment and water quality studies, sampling
Page 1 1
analysis and monitoring, permit preparation, preparing construction plans, specifications and
solicitation /contract documents, assisting with review of contractor proposals or bids,
comprehensive project management services, construction engineering and inspection services,
water quality sampling and monitoring; benthic surveys and associated database; assess damage
after a disaster such as a hurricane, ship grounding, or oil spill; assess changes as a result of
climate change; assess improvements as a result of improved stormwater and wastewater
treatment projects, or other water quality improvement projects; identifying data gaps or future
needs; Geographic Information System mapping and geodatabase development; groundwater
monitoring; vegetative surveys such as those used to obtain baseline data for identifying areas
vulnerable to sea level rise, or for identifying areas that should be preserved to offset vulnerable
ecological communities; GIS inventories and database of County properties that may be used but
not limited to ecological restoration or adaptability projects, including identification of hurricane
debris staging and areas consisting of transitional and upland habitat that may transition to
coastal habitats as sea level rises; land use code review for consistency with adaptive
management goals; Phase I and 11 Environmental Site Assessments; remedial action plans; water
quality studies; permitting for environmental projects; tree inventories and tree canopy studies
and reports and listed species surveys; and
WHEREAS, there is no minimum amount of work guaranteed by the 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 TERM OF AGREEMENT
Except as noted below, this Agreement shall begin on the 15 day of March, 2017 and
extend for a period of four (4) years to March 14, 2021. A one year extension may be
authorized at the option of the COUNTY.
1.2 REPRESENTATIONS
By executing this Agreement, CONSULTANT makes the following promises to the
COUNTY:
1.2.1 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;
1.2.2 The CONSULTANT has become familiar with the potential Project sites and the
local conditions under which the Work is to be completed.
1.2.3 The CONSULTANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a
Page 1 2
manner that they shall be in conformity and comply with all applicable law,
codes and regulations. In providing services under this Contract, the
CONSULTANT shall perform its services in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances at the same time and in the same
or similar locality. Upon notice to the CONSULTANT and by mutual agreement
between the parties, the CONSULTANT will, without additional compensation,
correct those services not meeting such a standard;
1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ.
1.2.5 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 and hereinafter
adopted. 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.
1.2.6 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.
1.2.7 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 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual
Task Orders in accordance with the requirements outlined in the Agreement and the
specific Task Order.
Page 13
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
sub - consultants not meeting the standard of care stated in Section 1.2.3. Where the
standard of care is met, the services will be deemed Additional Services under Article III.
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:
Ms. Rhonda Haag
Director of Sustainability and Projects
Monroe County
102050 Overseas Highway, Room 246
Key Largo, FL 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Kenneth S. Vogel, PE
Jones Edmunds & Associates, Inc.
730 NE Waldo Road
Gainesville, FL 32641
ARTICLE III
ADDITIONAL SERVICES
3.1 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.
Page 14
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, maps.
4.2 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.
4.3 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.
4.4 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 and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub -
consultants shall be solely for the purpose of determining whether such 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 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 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,
recklessness, or intentional wrongful conduct 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,
Page 15
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.4 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
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
Mark W. Nelson, PE Contract Manager
So long as the individual named above remains actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their name. If they
are replaced, the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(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
Page 16
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 at the
COUNTY may require.
7.3 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the CONSULTANT in the interest
of the project:
(A) Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, but
only to the extent and in the amounts authorized by Monroe County Code Section
2 -106 through 2 -117 for travel, per diem, meals and mileage. Other travel
expenses shall be paid in accordance with 112.061, Florida Statutes. Travel time
charges shall not begin until the employee reaches mile marker 112.5 if coming
from outside of Monroe County, and shall not be charged if the employee resides
within Monroe County.
(B) Cost of reproducing maps or drawings or other materials used in performing the
scope of services;
(C) 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 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. 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
Page 17
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
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 business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) 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 insurance as required by the State of Florida, sufficient
to respond to Florida Statute 440.
(B) Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, $1,000,000 Disease each employee.
(C) Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and /or damages to property of others
arising from use of motor vehicles, including ofsite and offsite operations, and
owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00)
combined single limit and One Million Dollars ($1,000,000.00) annual aggregate.
(D) Commercial general liability, including Personal Injury Liability, covering claims
for injuries to members of the public or damage to property of others arising out
of any covered act or omission of the CONSULTANT or any of its employees,
agents or subcontractors or sub - consultants, including Premises and /or
Operations, Products and Completed Operations, Independent Contractors; Broad
Form Property Damage and a Blanket Contractual Liability Endorsement with
One Million Dollars ($1,000,000) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the
termination or expiration of this contract.
(E) Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover the
statutory time limits in Chapter 95 of the Florida Statutes.
Page 18
(F) COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
(G) CONSULTANT shall require its sub - consultants 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 sub - consultants.
(H) 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 reserves the right to require a certified copy of such
policies upon request.
(I) 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.
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
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT. In the event that COUNTY makes use of said documents on a project
or projects not covered under this Contract, without CONSULTANT'S express written
consent, such use shall be at the sole discretion, liability, and risk of the COUNTY.
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
Page 19
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 parry.
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 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Agreement
(Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in
the Agreement as a part of this Agreement, and Attachment A, and modifications made
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONSULTANT will
control.
9.7 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 sub - consultant has committed an act
Page 1 10
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 subcontractor or sub -
consultant is 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. 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.
9.9 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 the Sixteenth 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.
9.10 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
Page 1 11
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 parry shall be entitled to
reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an
award against the non - prevailing parry, and shall include attorney's fees, courts costs,
investigative, and out -of- pocket expenses in appellate proceedings.
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 parry 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.
9.14 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 parry 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 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.
9.16 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,
Page 1 12
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 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 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.
9.18 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 its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Page 1 13
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 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.
9.21 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 Contractor shall allow the COUNTY 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, upon request
by the County 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
Page 1 14
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.
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 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
Page 1 15
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
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.
Page 1 16
9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND
OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have the opportunity to participate in the performance of contracts financed in whole
or in part with COUNTY funds under this Agreement. The DBE requirements of
applicable federal and state laws and regulations apply to this Agreement. The COUNTY
and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in
the performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws
and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONSULTANT and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
9.30 PURSUANT TO SECTION 558.0035, FLORIDA
STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT
OF CONSULTANT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
[Remainder of this page purposely left blank]
Page 1 17
IN WITNESS WHEREOF, each party has caused this Agreerricrit to be executed by its duly
0
authorized representative on the day and year first above written.
(SEAL)
Attest: KEVIN MADOK, Clerk
ma
DepUty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
Date:
JONES EDMUNDS & ASSOCIATES, INC.
By:
Title: Contracts Specialist_ Title: Managing Director & Senior Vice President
Page 1 18
ATTACHMENT A
CONSULTANT RATES
{
JONES
1
2017 Standard Hourly Rates
730 NE Waldo Road I Gainesville, FL 32641 1 Phone 352.377.5821 1 Fax 352.377.3166 1 www.jonesed
d
Project Officer
$
240
Senior Project Manager
$
205
Project Manager
$
170
Chief Engineer or Scientist
$
220
Senior Engineer
$
215
Senior Scientist
$
160
Project Engineer or Scientist
$
150
Engineer or Scientist
$
120
Engineer Intern or Associate Scientist
$
100
Designer
$
120
Senior CADD Designer
$
115
CADD Designer
$
100
Senior CADD Technician
$
90
CADD Technician
$
80
Senior GIS Analyst or Senior GIS Programmer
$
130
GIS Analyst or Programmer
$
100
Senior GIS Technician
$
80
GIS Technician
$
70
Senior Database Administrator
$
165
Database Administrator
$
125
Environmental Data Analyst
$
90
Senior Field Technician Environmental
$
95
Field Technician Environmental
$
85
Senior Construction Administrator
$
150
Construction Administrator
$
120
Senior Field Representative Construction
$
105
Field Representative Construction
$
85
Construction Project Coordinator
$
70
Senior Administrative Assistant
$
85
Administrative Assistant
$
65
Senior Technical Editor
$
110
730 NE Waldo Road I Gainesville, FL 32641 1 Phone 352.377.5821 1 Fax 352.377.3166 1 www.jonesed
JONES
1
Reimbursable Expense Schedule
Color Copies
8 -1/2 x 11 and 8 -1/2 x 14
11x17
Black and White Copies
8 -1/2 x 11 and 8 -1/2 x 14
11x17
KIP Plotter
Mylars
Project- specific office supplies
Computer disks, tapes
GPS Equipment
RTK Unit (Survey Grade)
Equipment rental
$0.50 page
$0.75 page
$0.05 page
$0.10 page
$0.125 square foot
actual cost + 10%
actual cost + 10%
actual cost + 10%
$5.00 hour
$25.00 hour
actual cost +10%
Travel Expenses - Travel, per diem, meals, and mileage shall be reimbursed in
accordance with Monroe County Code Sec. 2 -106 through 2 -117. Other travel
expenses shall be paid in accordance with F.S 112.061.
CADD
GIS
HYDR (Hydraulic Modeling)
SKM Power
$12.50 hour
$5.00 hour
$7.50 hour
$10.00 hour
Subconsultant services
Couriers and delivery services (UPS, FedEx)
actual cost + 10%
actual cost + 10%
730 NE Waldo Road I Gainesville, FL 32641 1 Phone 352.377.5821 1 Fax 352.377.3166 1 www.jonesedmi inHQ �nm
Packet Pg. 1547