Item C16BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent, District 2
The Florida. Keys w) Mayor Pro Tem David Rice, District 4
y �r Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: C.16
Agenda Item Summary #2477
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292-4432
no
AGENDA ITEM WORDING: Approval of a Agreement with SCS Engineers in the amount of
$33,183.00 to provide professional engineering services to assist Monroe County with renewal of the
Operational Permit for the Cudjoe Key Lined Landfill cells, and prepare for the permanent closing of
the site.
ITEM BACKGROUND: SCS Engineers has provided professional services for the Solid Waste
Department, including but not limited to preparing long term landfill care plans and preparing FDEP
landfill operational permits. SCS Engineers has provided outstanding quality professional services to
the County for many years and has vast knowledge of our inactive Cudjoe Key landfill. Engaging
another firm without SCS's knowledge or experience and historical knowledge of the Cudjoe facility
could ultimately cause the project services to be delay and would likely result in higher cost to the
County. Also, much of the work involved in the permitting process will be applied to the process
involved in the permanent closure of the landfill in Fiscal Year 2017/2018.
PREVIOUS RELEVANT BOCC ACTION: Original contract signed 9/15/2004. Renewed 4/20/2011
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Complete Contract SCS Engineers
FINANCIAL IMPACT:
Effective Date: 12/14/16
Expiration Date: Upon completion of services
Total Dollar Value of Contract: $33,183.00
Total Cost to County: $33,183.00
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
12/14/16 414-40000 - SOLID WASTE ADMIN
$33,183.00
REVIEWED BY:
Will Thompson
Completed
11/29/2016 1:57 PM
Christine Limbert
Completed
11/29/2016 5:03 PM
Budget and Finance
Completed
11/30/2016 8:03 AM
Maria Slavik
Completed
11/30/2016 8:06 AM
Kathy Peters
Completed
11/30/2016 9:00 AM
Board of County Commissioners
Pending
12/14/2016 9:00 AM
AGREEMENT FOR
CONSULTING SERVICES
FOR
CUDJOE KEY LONG TERM CARE PERMIT RENEWAL
Cudjoe Key Closed Class I Unlined Landfill, Blimp Road, Cudjoe Key, FL 33032
This Agreement ("Agreement") made and entered into this day of
, 201_ 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"),
Stearns, Contad and Schmidt, Consulting Engineers, Inc. d/b/a/ SCS Engineers whose
principal address is 3900 Kilroy Airport Way, suite 100, Long Beaqch, CA 90806 and whose local
state address is 4041 Park Oaks Blvd., Suite 100, Tampa, FL 33610-9501 hereinafter referred to
as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the
Cudjoe Key Long Term care Permit Renewal at the Cudjoe Key Closed Class I Unlined Landfill,
Blimp Road, Cudjoe Key, FL 33042; and;
WHEREAS, CONSULTANT has agreed to provide professional services which services
shall collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied.
1.1.2 The CONSULTANT has become familiar with the Scope of Work and information sources
available to complete the work.
1.1.3 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
contract immediately upon delivery of written notice of termination to the CONSULTANT.
1.1.4 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.5 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consist of those described in Appendix A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Will Thompson
Solid Waste Director
1100 Simonton Street, Room 2-213
Key West, Florida 33040
And:
County Attorney
Monroe County Attorney's Office
1111 1211 Street, Suite 408
Key West, Florida 33040
And CONSULTANT:
Shane R. Fischer, P.E.
4041 Park Oaks Blvd., Suite 100
Tampa, FL 33610-9501
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III are not included in the Basic Scope of Services. They
shall be paid for by the COUNTY as an addition to the compensation paid for the Basic
Scope of Services and are as follows:
Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.2 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.3 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.4 The COUNTY's review of any documents prepared by the CONSULTANT shall be solely
for the purpose of determining whether such documents are generally consistent with the
COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the
CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or
coordination of its work product.
4.5 The COUNTY shall provide copies of necessary documents required to complete the work.
4.6 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, errors, or any other
wrongful act or omission of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the documents provided by the CONSULTANT the
CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and
shall indemnify it from all losses occurring thereby and shall further defend any claims or
action on the COUNTY'S behalf.
5.4 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VII
COMPENSATION
6.1 PAYMENT SUM
6.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates and schedule negotiated and agreed upon
and shown in Appendix A.
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid as shown in Appendix A. Payment will be made
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit a proper invoice to COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the service
rendered. The CONSULTANT'S invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at the
COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project as shown in Appendix A:
a. Travel expenses related to completion of Project, submitted by CONSULTANT, in
writing and authorized by the COUNTY, in writing, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes;
b. Cost of Project maps or drawings or other materials used in performing the scope of
services and postage and handling of reports.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
Upon payment in full for services rendered the documents prepared by the CONSULTANT
for this Project belong to the COUNTY and may be reproduced and copied unchanged
without acknowledgement or permission of the CONSULTANT.
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9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.9 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.10 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.11 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.12 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
9.13 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.14 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.15 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.17 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.18 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.19 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.20 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.21 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.22 PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide by the
terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated
with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by
the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
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CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRAD LEY-BRIAN(d)-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL
33040.
9.23 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.24 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.26 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
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CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.28 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County In his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.29 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an orlginal, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: AMY HEAVILIN, Clerk
By:
Deputy Clerk
Date'
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
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L C .
END OF AGREEMENT
13
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Appendix A
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Environmental Consultants 4041 Park Oaks Blvd. 813 621-0080
and Contractors Suite 100 FAX 813 623-6757
Tampa, FL 33610-9501 www.scsengineers.com
October 20, 2016
File No. 090398216
Will Thompson
Director, Solid Waste
Monroe County Public Works
1100 Simonton St., Rm. 2-231
Key West, FL
Subject: Proposal for Cudjoe Key Long Term Care Permit Renewal
Cudjoe Key Closed Class I Unlined Landfill
Blimp Road, Cudjoe Key, FL 33042
INTRODUCTION
Monroe County Division of Solid Waste (County) is required to submit a permit renewal
application for the Cudjoe Key Closed Class I Unlined Landfill Long Term Care (LTC) permit
No. 67347-009-SF. The most recent LTC permit for the landfill expired on August 2, 2016. The
requirements for the LTC permit renewal are stipulated in Chapter 62-701.620 Long -Term Care,
Florida Administrative Code (FAC), the permit (Specific Condition A.3), and outlined in the
State of Florida Department of Environmental Protection (FDEP) Application for a Permit to
Construct, Operate, Modify or Close a Solid Waste Management Facility Application Form 62-
701.900(1).
SCOPE OF SERVICES
SCS will perform the following scope of services to create and submit the necessary
documentation to FDEP for a LTC permit renewal application for the landfill.
Task 1 - Prepare LTC Permit Renewal Application
Per Specific Condition A.3 of the LTC permit SCS will prepare the LTC permit renewal
application forms in a manner prescribed by the Department. FDEP Form 62-701.900(1)
provides the instructions and requirements necessary to construct, operate, modify or close a
solid waste management facility. For the LTC permit renewal application the required sections
of the FDEP Form are as follows.
Part A General Information - SCS will complete this Part using new and updated
information which reflect current conditions, new information developed by the County,
and other documents as appropriate.
Offices Nationwide
2. Part B Disposal Facility General Information - SCS will complete this Part using new and
updated information which reflect current conditions, new information developed by the
County, and other documents as appropriate in consultation with the County.
3. Part C Prohibitions - Not applicable.
4. Part D Solid Waste Management Facility Permit Requirements, General - SCS will
complete this Part using new and updated information which reflect current conditions,
new information developed by the County, and other documents as appropriate in
consultation with the County to create an Engineering Report that will address the
requirements of the rules.
Parts E through K - Not applicable.
6. Part L Water Quality and Leachate Monitoring Requirements - SCS will submit this
section as "No Change".
7. Part M - Not applicable.
8. Part N Gas Management System Requirements - SCS will submit this section as "No
Change".
9. Part O Landfill Final Closure Requirements - SCS will submit this section as "No
Change".
10. Part P Other Closure Procedures - SCS will complete this Part P of the application
referencing information and data as necessary, information furnished by the County
which reflect current conditions, new information developed by SCS, and other
documents as appropriate.
11. Part Q Long Term Care Requirements - SCS will complete this Part Q referencing
information and data as necessary, information furnished by the County which reflect
current conditions, and other documents as appropriate. SCS will provide an abbreviated
Stabilization Report as required for the permit renewal.
12. Part R Financial Responsibility Requirements — SCS will submit this section as "No
Change". Per SCS correspondence with FDEP it was decided that an updated closure
cost estimate was not required. A closure cost estimate was submitted and approved on
August 17, 2016 and there will be no more required closure cost estimate updates due for
this facility, financial assurance shall not be required for this facility after October 17,
2017, which represents 20 years from the date that the landfill closure construction
certification was approved. Therefore, revised financial assurance cost estimates will not
be included as part of the LTC permit renewal application.
13. Part S Certification by Applicant and Engineer or Public Officer - SCS will complete Part
S of the application form and execute Item 2 as the Professional Engineer Registered in
Florida. The County will execute Item 1 as the Applicant.
Task 3 — Site Visit
As part of the permit renewal application process SCS will conduct one site visit to the Cudjoe
Key Closed Class I Unlined Landfill to observe and document site conditions, and take
photographs to assist in the creation of the stabilization report section of the permit renewal
application.
Task 3 - Technical Report
Per Appendix 3, V.H. of the LTC permit, SCS will evaluate the water quality monitoring data
and create the required Technical Report to include the last evaluation of the ground water for
approximately the previous five years of site data collected. The evaluation will include the
applicable information as listed in Rule 62-701.510(8)(b) Water Quality Monitoring Reporting,
FAC and an assessment of the effectiveness of the existing facility design and operations as
related to the prevention of groundwater contamination. The periods of time to be covered by
permit for the Monitoring Plan Evaluation Report are as follows:
• First half of 2011 to the first half of 2016.
The Technical Report will include the following elements:
• Tables and figures of monitoring parameters detected during the reporting period.
• Trend analysis of monitoring parameters consistently detected.
• Comparison of detected parameters among the monitoring network.
• Monitoring well hydrographs, including rainfall, for the reporting period.
• Interpretation of groundwater elevations
• Correlation between related parameters.
• Evaluation of the adequacy of the water quality monitoring program
The Technical Report will be prepared by, or under the direct supervision of, a professional
geologist or professional engineer with experience in hydrogeological investigations. The report
will be signed and sealed by the professional geologist or professional engineer. SCS will
include the Technical Report as an attachment in the LTC permit renewal application.
SCS will submit one draft copy of the LTC Permit renewal application package to the County for
review and comment. After addressing County comments, SCS will finalize the permit
application documents and submit one copy signed and sealed by a licensed Florida Professional
Engineer to FDEP and one copy to the County. The County will be responsible for all permit
application fees associated with the LTC permit renewal application.
ASSUMPTIONS
• No additional permit applications or submittals to FDEP beyond the submittals described
above will be required. If FDEP requires additional submittals or analyses this work can
be performed with a separate scope of services and budget, with prior County approval.
• No response to any requests for additional information (RAI) from FDEP will be
required. If FDEP requires an RAI response this work can be performed with a separate
scope of services and budget, with prior County approval.
• No field investigations or new engineering calculations, other than outlined above, will
be required to prepare the LTC permit renewal application.
• The County will be responsible for all permit application fees associated with the LTC
permit renewal application.
• The County will supply SCS with all of the current electronic files (Microsoft Word,
Microsoft Excel, AutoCAD, water quality results for the Technical Report period, etc
applicable in support of the LTC permit renewal application.
• Should unanticipated issues arise or additional work is required by FDEP's review of the
application submittal not mentioned in this scope of services, SCS will provide the
County with a separate scope of services and fee estimate for responding to such issues.
FEE ESTIMATE
SCS will perform the scope of services described above on a time and materials basis with a not
to exceed fee of $33,183. The basis of our fee estimate is provided in Exhibit 1.
If you have any questions regarding the information contained herein, please contact the
undersigned at (813) 621-0080.
Sincerely,
Sh R. Fischer, P.E.
Pr ct Director
ENGINEERSSCS
cc. Will Thompson (Monroe County)
Ian U. Spurlock, E.I.
Staff Professional
ENGINEERSSCS
Exhibit 1
Fee Estimate
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