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08/17/2016 ContractAMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MoxnoE cauxn, FLORIDA DATE: October 13, 2016 TO: Rhonda Haag Sustainability Program Manager FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the August 17, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item R2 Authorize a contract with Parsons Engineering, Inc. in an amount not to exceed $33,680.00 to provide professional consulting services to assist the County with evaluating our LiDAR elevation data mapping needs and preparing a solicitation for LiDar elevation data. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File / 500 Whitehead Street Suite 101, PO Box 1980 Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR THE COUNTY'S LiDAR DATA PROJECT THIS Contract (The AGREEMENT) made and entered into this 17'" day of August, 2016 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 2 -205 Key West Florida, 33040, its successors and assigns hereinafter referred to as the "COUNTY," through the Monroe County Board of County Commissioners (BOCC), the Owner and Parsons Brinkerhoff, Inc. a corporation of the State of New York whose address is 7650 Corporate Center Drive, Suite 300, Miami, FL 33126, its successors and assigns, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the COUNTY benefits economically and environmentally by preparing in advance for sea level rise; and WHEREAS, the COUNTY has completed the GreenKeys Sustainability Action Plan that provides a roadmap of projects to complete to prepare for sea level rise; and WHEREAS, GreenKeys recommends obtaining more accurate elevation data for the County's roads and other areas of the County in order to better predict the effects of sea level rise inundation; and WHEREAS, the COUNTY desires to issue a Request for Proposals for a firm to provide the updated LiDAR services; and WHEREAS, the CONSULTANT will work with the COUNTY to analyze the new FEMA maps, when they are available to determine whether the County should appeal them to obtain the best floodplain mapping available using current technology; and WHEREAS, the CONSULTANT has a LiDAR expert who will assist the County in evaluating the technical information available, preparing the LiDAR RFP and assisting in the evaluation and selection of the proposer who meets the best needs of the COUNTY. NOW, THEREFORE, in consideration of 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 I REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 11 Page 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 satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site(s) and the local conditions where the LiDAR data is to be gathered. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will conform to the applicable standard of care. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 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 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 COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for 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 other of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person based on race, creed, color, national origin, sex, age or any other characteristic or aspect which is not related, in its recruiting, hiring, promoting, terminating, or other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1.1 The CONSULTANT will perform for the COUNTY services as described in Attachment A, Scope of Services. After completion of the Step 1 Technology Evaluation task, the County shall determine if it desires to move forward with the remainder of the services. The County shall provide written notice of its decision, and if the decision is not to continue, the CONTRACT shall terminate. 21Paae 2.1.2 This CONTRACT is effective on the 17th day of August, 2016 and shall extend through the 19 day of July 2017, unless earlier terminated as in 2.1.1 above. Refer to Attachment B for the deliverable schedule. 2.2 CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES 2.2.1 The CONSULTANT shall, without additional compensation, promptly correct errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENTS 2.3.1 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 prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Roman Gastesi, Jr. County Administrator 1100 Simonton Street, Suite 2 -205 Key West, FL 33040 For the Consultant: Mr. Ronald M. Colas, PE, Sl Vice President and Senior Area Manager -South Florida Region 7650 Corporate Center Drive, Suite 300 Miami, FL 33126 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. 31Page 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with 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 provide full information regarding requirements for the project including physical location of work, county maintained roads and maps. 4.2 The COUNTY shall designate the Monroe County Sustainability Office to act on the COUNTY'S behalf with respects to the Project. The COUNTY shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in drder to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS 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 nonconformance 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 Consultants services and the project work. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such 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 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless the COUNTY, 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 intentionally wrongful conduct of the design professional and 41 Page other persons employed or utilized by the design professional in the performance of the contract. 5.1.2 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. 5.1.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.1.4 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: • Project Manager — Ted Covill, CP, PPS, Parsons Brinckerhoff s Aerial Mapping and Remote Sensing Group Manager • Technical Advisor — Joshua Persson, CP, PPS, GISP, Parsons Brinckerhoff s LiDAR, Imaging and GIS Lead • Technical Advisor — Christian Stevens, PPS, Parsons Brinckerhoff s Mobile LiDAR and Data Extraction Lead • Technical Advisor — Chris Domey, Parsons Brinckerhoffs Climate Change Research Lead So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are to be replaced the CONSULTANT shall request such change to the COUNTY immediately. The COUNTY may deny such change if not in the best interest of the COUNTY. ARTICLE VII PAYMENTS 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement, the Total Not to Exceed Amount of Thirty Three Thousand Six Hundred Eighty Dollars ($33,680.00). If the County elects to terminate the CONTRACT after completion of Step 1, the COUNTY shall pay the CONSULTANT the sum of Seven Thousand Nine Hundred Twenty Dollars ($7,920.00). 51 Page 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, an invoice to the 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 that the COUNTY may require. (C) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the COUNTY, the CONSULTANT shall be paid hourly at the rates identified in Exhibit B, or as negotiated. 7.3 REIMBURSABLE EXPENSES 7.3.1 All expenses are included in the Fee and therefore there shall be no additional reimbursable expenses incurred by the CONSULTANT unless authorized by future amendment to this Agreement. 7.4 BUDGET 7.4.1 The CONSULANT 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 Agreement in each fiscal year (October I- 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. ARTICLE VIII INSURANCE 8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an 61 Page 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. 8.1.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440 Florida Statutes. 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 onsite 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 insurance 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 subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a 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 Agreement. In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim 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. F. COUNTY shall be named as an additional insured with respect to CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. 71 Page 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 by including any subsection hereunder. The COUNTY reserves the right to review a copy of such policies upon request. L 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. 8.2 APPLICABLE LAW This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and that it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions 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. 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, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. 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. 81 Page 9.5 TERMINATION A. In the event 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 (5) days written notification to the CONSULTANT. B. The County may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS The contract documents consist of the • the Form of Agreement (Articles I -XV), • the documents referred to in the Form of Agreement as a part of this Agreement, including the County's scope of work included in Attachment A. • Deliverable Schedule included in Attachment B. In the event any conflict between any of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been place 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 moneys 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, as "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 subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 91 Page 9.8 MAINTENANCE OF RECORDS A. 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 their 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, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to County. B. Public Records Compliance. CONSULTANT 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 CONSULTANT 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 received by the COUNTY and CONSULTANT 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 CONSULTANT. Failure of the CONSULTANT 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 CONSULTANT 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 terns and conditions of this contract, the CONSULTANT 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 tern 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 CONSULTANT or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONSULTANT transfers all public records to the COUNTY upon completion of the contract, the 101 Page CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT 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 COOUNTY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470. 9.9 GOVERNING LAW, VENUE, INTERPERTATION, COST 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 will lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 111Page 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non - prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings, as an award against the non - prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents 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 party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 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, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, 121Page 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 NON DISCRIMINATION 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 and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) 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. 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. 131Page 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 ACCESS The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITY 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 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 141 Page 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 NEGOTATION CONSULTANT agrees to execute such documents as the 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 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 DISADVANTAGED BUSINESS ENTERPRISE 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 151 Page 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 9.29 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 caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) (Seal) Attest: Title co V) N C� 5W e� CD N C jl� 3 Ess BOARD OF COUNTY COMMISSIONERS OF MONROE CO NTY, FLORIDA By: ayor C irman P . T =A: ' ►.�� L �wMJ r� - c� _y 'Pi Id 161 Page ATTACHMENT A - SCOPE OF WORK Task 1 - Technology Evaluation The CONSULTANT will work with the COUNTY to move forward to secure special data that is accurate as possible to be used to appeal the FEMA maps and to provide the most accurate elevation data for the County and municipality streets and other areas for the COUNTY'S preparation for sea level rise. As part of this Task, we will examine how elevation data can be used to understand the effects of climate change on both the natural systems and the communities within Monroe County. CONSULTANT and the COUNTY recognize that technology is always evolving and as older technologies are improved upon newer technologies are introduced. CONSULTANT will initially review the existing 2008 Florida DEM LiDAR project for Monroe County, including the municipalities. CONSULTANT will review the project's specifications including: LiDAR vendor used, the LiDAR scanner(s) that were used to acquire the raw LiDAR data, the altitude of the aircraft during the LiDAR data acquisition, the target point density (points collected per square meter), the number and configuration of the control check points that were surveyed for ground truthing, post processing methodology (LiDAR point cloud registration /calibration), point pointing density and the use of break lines. CONSULTANT will review the Metadata and any technical reports that the County /State /Vendor may have produced /received. Once this information is all reviewed and "digested ", a report will be produced for the County to review. This will be a starting point that will give the County an understanding of the current data that is existing and available. The CONSULTANT will then evaluate current and emerging technologies that can be used to improve and enhance and improve on what is available to the County. CONSULTANT will report on the current LiDAR sensors that can be used and evaluate whether a new Aerial or mobile LiDAR mission can be an improvement on the exiting data. CONSULTANT will report on how a lower altitude during LiDAR acquisition will greatly increase the point density to produce a more accurate and reliable data set. CONSULTANT will make recommendations on how this data could be posted (post processed to create an interpolated grid of elevation points) to tighten up the elevation model. The CONSULTANT will also examine the use of aerial imagery and photogrammetry to potentially be used for the data acquisition. The various digital aerial sensors will be evaluated as a potential alternative to the LiDAR or is collecting aerial imagery can be used to help enhance the project. Finally CONSULTANT will explore the use of Mobile LiDAR and how this technology can be used to collect highly accurate elevation data. How this data can be used to assess the impacts on property and can be used to get accurate elevations of the first floors of building structures. CONSULTANT will examine the various platforms that are available to the public today. The workflow and the use of survey check points to register the LiDAR point cloud will be discussed along with the advantages and the limitations to using Mobile LiDAR. CONSULTANT will discuss the different products that can be generated from this data. 171 Page Recognizing varying characteristics and ground cover of Monroe County, CONSULTANT will summarize, in matrix form indicating pros and cons of each LiDAR method, what technologies and could be used to provide the County with the best data set to help the County in: • Designing roadway improvements including resurfacing, drainage, and other • Modeling sea level rise • Evaluating siting of new County facilities • Assess risk to existing facilities and planning for hardening or relocation (bridge abutments, bridge clearances, buildings and their ancillaries like parking) • Evaluation of storm vulnerability of key infrastructure (roads, bridges, structures) • Evaluation of habitat impacts from sea level rise • Designing and planning other infrastructure and facilities • Making more informed land acquisition and land management decisions • Analyzing the new FEMA maps, when they are available, to determine whether the County should appeal them to obtain the best floodplain mapping available using current technology This information will be used to formulate a clear and concise RFP that can be readily understood by the vendor who may be responding to the RFP. Task 2 - RFP Development CONSULTANT will conduct a conference call with the County Team to outline the expectations and vision for the final deliverables. CONSULTANT will discuss the expected deliverables and accuracy requirement of the data, and discuss any recommendations as to alternative methods or technologies that could be utilized with the project. The purpose of these discussions is to ensure that the CONSULTANT understands the goals of the County, and can write a clear and concise RFP that is easily understood by any of the potential firms who will be responding to the County's solicitation. CONSULTANT will develop a draft RFP using the base RFP provided by the COUNTY, based on CONSULTANT's understanding of the projects goals, use of the deliverables and the objectives of the County and the use of the data deliverables. CONSULTANT will develop a draft RFP, using the County's boilerplate RFP to be provided, that will include the following: • Background of the project and the intended uses of the deliverables • Proposal requirements including concise instructions for the outline and format of the proposal submittal • Clear instructions to avoid confusion as to the project approach and deliverables • Outline of the technology that is expected to be used for the project • Alternative approaches and considerations that may be used to produce the project deliverables • Specifications and requirements for the expected project deliverables 181 Page • Evaluation criteria, which may include policy criteria and technical criteria, to ensure that all proposals are able to be evaluated in a fair and equitable manner CONSULTANT will provide the County with an outline of the draft proposal for review and will work with the County to incorporate the County's revisions in the document before providing the final version to the County. Task 3 — RFP Revisions Once the County has had a chance to review the RFP outline, CONSULTANT will revise the draft RFP. Special consideration will be given to the evaluation process and technical approach to eliminate any ambiguities that may cause confusion among the potential vendors. CONSULTANT will utilize the "Track Changes" feature in Microsoft Word to enable the County and CONSULTANT to easily follow changes that have been made to the document. The draft RFP will be submitted to the County via email and CONSULTANT will facilitate a conference call with the County staff to review the draft RFP and discuss and comments or proposed revisions to the RFP. During the proposal period, CONSULTANT shall provide assistance in preparation of clarification questions to the potential proposers during the RFP period. Task 4 — Evaluation Assistance CONSULTANT will assist the County in evaluating the responses to the RFP. It is estimated that the effort associated with this task will be 24 hours. CONSULTANT will evaluate each of the proposers' approaches and prepare a summary evaluation report to be submitted to the evaluation committee members, including how each proposer's approach will be applied to the project. CONSULTANT will attend the selection committee meeting by conference call when the proposals are discussed and the proposals ranked. Any future assistance of the CONSULTANT such as assisting in the negotiation process shall require an amendment to this CONTRACT. PROJECT TEAM CONSULTANT will assign the following professionals to this project: • Project Manager — Ted Covill, CP, PPS, Parsons Brinckerhoff s Aerial Mapping and Remote Sensing Group Manager • Technical Advisor — Chris Dorney, Parsons Brinckerhoffs Climate Change Research Lead • Technical Advisor — Joshua Persson, CP, PPS, GISP, Parsons Brinckerhoff s LiDAR, Imaging and GIS Lead 191 Page • Technical Advisor — Christian Stevens, PPS, Parsons Brinckerhoff s Mobile LiDAR and Data Extraction Lead FEES Task/Hours Ted Covill Joshua Christian Chris Total Cost Persson Stevens Dorney Task 1 - Technology 36 8 8 4 $7,920 Evaluation Task 2- RFP 100 8 8 0 $17,220 Development Task 3 — Revisions to 20 0 0 0 $3,100 RFP Task 4 — Evaluation 24 8 8 0 $5,440 Assistance Total Labor Costs $28,520 $2,640 $2,520 $620 $33,680 Travel Expenses N/A N/A N/A N/A N/A Total Estimated Costs $27,900 $2,640 $2,520 $620 $33,680 ASSUMPTIONS • The County will be responsible for the preparation of the base RFP using the County's base solicitation for professional services and also for the legal review of the RFP. • All meetings will be held via conference call. If a face to face meeting is requested, there will be an additional fee to cover the hourly costs and travel expenses. • The 20 hours outlined in Task 3 assumes that the revisions will be minor in nature. If major changes are required, there will be an additional fee to cover the costs. • The 40 hours estimated in Task 40 assumes that CONSULTANT will be providing support for technical assistance in evaluating the proposals. If more than 40 hours are required, it will be considered additional services and an additional fee will be assessed. 201 Page ATTACHMENT B — DELIVERABLE SCHEDULE The CONSULTANT shall provide the following deliverables: 211 Page Deliverable Due Date Payment Task 1 - Report on Technology Evaluation August 15, 2016 $7,920 Technology Evaluation Task 2- RIP Draft RFP containing the scope of September 15, $17,220 Development work and evaluation criteria 2016 Task 3 — Revisions Completed RFP ready to solicit September 30, $3,100 to RFP under County guidelines and 2016 procedures Task 4 — Written communications to the As needed after $3,440 Evaluation County on the evaluation assistance proposal Assistance opening Task 5 Final Report — summarizing the July 1, 2017 or $2,000 activities provided. when the LiDAR contractor has been selected TOTAL $33,680 211 Page PARSBRI -01 SSMITH CERTIFICATE OF LIABILITY INSURANCE DATE (M 8/29//201201 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER JLT Specialty Insurance Services Inc. 5847 San Felipe St. Suite Houstonon, , TX 77057 CONTACT NAME: PHONE FAX A/c No Ext : (713) 325 -7615 ac No): (713) 789 -0415 ADDRE SS: Wsppbcertrequest@jltus.com A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Al OCCUR C o n t r actual Liab. INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Zurich American Insurance Company 16535 04/01/2017 INSURED INSURER B: Liberty Insurance Corporation 42404 WSP USA CORP INSURER C: American Guarantee and Liability Insurance Company 26247 INSURER D : $ 5,000 512 Seventh Ave. New York, NY 10018 INSURER E: $ 2,000,000 INSURER F : COVERAGES CERTIFICATE NUMBER: PF:Vlslnu KI UM= D- 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM /DD/YYYY ) POLICY EXP [MM/DD1YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Al OCCUR C o n t r actual Liab. X X GL09835819 -03 04/01/2016 04/01/2017 EACH OCCURRENCE $ 2,000,000 PREMISES Ea occurrence $ 300,000 x MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY EC F J F LOC GENERAL AGGREGATE $ 5,000,000 GEN'L X PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE X LIABILITY ANY AUTO X X AS7- 621- 094060 -035 10/01/2015 11/01/2016 ( Ea ac ciden t ) SINGLE LIMIT $ 2 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per a.,den') $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C EXCESS LIAB CLAIMS -MADE X X AUC 0144386 00 08/05/2016 04/01/2017 DIED RETENTION $ Follow Form $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y OFFICER /MEMBER EXCLUDED? NIA X WA7 -62D- 094060 -015 10/01/2015 11/01/2016 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 2,000,000 DESCRIPTION OF OPERATIONS below APPR /_ EMENT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Y — THIRTY (30) DAYS NOTICE OF CANCELLATION WAIV N/ YES" Project Number: 185793A Project Description: Monroe County Sustainability Subject always to policy terms, conditions and exclusions, Monroe County, FL is named as Additional Insured (excluding Workers' Compensation and Employers' Liability) but only to the extent of risks and liabilities assumed by the Named Insured in a signed written contract. CERTIFICATE HOLDER rANrP1 I ATInW ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County, FL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 102050 Overseas Hwy ACCORDANCE WITH THE POLICY PROVISIONS. Suite 246 AUTHORIZED REPRESENTATIVE Key Largo, FL 33037 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PARSBRI - 01 SSMITH '449- "PC" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD 8/29//202016 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER JLT Specialty Insurance Services Inc. 5847 San Felipe St. Suite Houston, TX TX 77057 CONTACT NAME: AT Service Team PHONE (713 325 -7615 FAX A/c No EXt : ) A/C No): 713 789 -0415 SS: Wsppbcertrequest(@jltus.com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A:QBE Specialty Insurance Company 11515 INSURED INSURER B : INSURER C : $ WSP USA CORP 512 Seventh Ave. New York, NY 10018 INSURER D : INSURER E : $ INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER POLICY EFF MM /DO/YYYY POLICY EXP MM /DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 171 OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- ❑ JECT LOC GENERAL AGGREGATE $ GEN'L P PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? NIA PER OT H- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liab. QPL0022630 11/01/2015 11/01/2016 Per Claim /Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) THIRTY (30) DAYS NOTICE OF CANCELLATION Project Number: 185793A Project Description: Monroe County Sustainability C B AYPRO ED B IS A E IVE N/A _ GtRIIFICATE HOLDER rANCFI I ATInN © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County, FL 102050 Overseas Hwy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Suite 246 AUTHORIZED REPRESENTATIVE Key Largo, FL 33037 © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD