Item C05M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: C.5
Agenda Item Summary #3715
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754
N/A
AGENDA ITEM WORDING: Approval to enter into an Agreement for On Call Professional
Engineering Services with CSA Central, Inc. for a period of four (4) years with an option to renew
for one (1) additional year. CSA Central, Inc. was one of the top nine (9) ranked respondents to the
solicitation.
ITEM BACKGROUND: The County requires miscellaneous engineering services for various
county projects on an on -going basis. The current seven continuing services contracts will expire in
January 2018. The County received 18 responses to the Request for Qualifications on October 3,
2017. The selection committee met on November 16, 2017, at a publicly noticed meeting and ranked
the respondents.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved advertising an RFQ for On Call
Professional Engineering Services at the July 2017 meeting. The BOCC approved negotiations with
the nine (9) highest ranked respondents at the December 2017 meeting.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to enter into contract with CSA Central, Inc. for on-
call professional engineering services.
DOCUMENTATION:
CSA services contract 2018 final exec
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount:
N/A
I to] HLTI I IH 11 i"
Judith Clarke
Completed
12/29/2017 4:38 PM
Patricia Eables
Completed
12/29/2017 4:55 PM
Budget and Finance
Completed
01/02/2018 10:40 AM
Maria Slavik
Completed
01/02/2018 10:48 AM
Kathy Peters
Completed
01/02/2018 10:49 AM
Board of County Commissioners
Pending
01/17/2018 9:00 AM
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This Agreement ("Agreement") made and entered into this day •
1 20_ by and between Monroe County, a political subdivision ofTh Sta
• Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, i
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CSA Central, Inc. a foreign corporation • the State • Ohio, authorized to
30
business in the State of Florida, whose address is 8200 NW 41st Street, Suite )5 D0_ ••
Florida 331•• its successors and assigns, hereinafter referred to as "CONSULi�NT"
"CONTRACTOR".
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Specific services will be performed pursuant to individual Task Orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of
work, time schedule, charges and payment conditions, and additional terms and conditions
that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY or County Administrator and the CONSULTA
constitutes the COUNTY's written authorization to CONSULTANT to proceed with t
services described in the Task Order. 1 1
The terms and conditions • this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision • this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order
and the modification shall be precisely described.
NOW, THEREFORE, in consideration • 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:
1-
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to • completed.
1.6 At all times and for all purposes under this Agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners
for Monroe County. No statement contained in this Agreement shall be construed s4
as to find the CONSULTANT or any of its employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
1.7 The CONSULTANT shall not discriminate against any person on the basis of rac
creed, color, national origin, sex, age, or any other characteristic or aspect which
not job related, in its recruiting, hiring, promoting, terminating, or any other ar
affecting employment under this Agreement or with the provision of services
goods under this Agreement. I
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ARTICLE 11
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For the Consultant:
Mr. Roberto Leon, P.E.
CSA Central, Inc.
8200 NW 41 s Street
Suite 305
Doral, FL 331•6
3.1 Additional services are services not included in the Scope of Basic Services. Shoull
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.
0
C If Additional Services are required, the COMITT'shall issue a letter requesting an
describing the requested services to the CONSULTANT. The CONSULTANT sh
respond with a fee proposal to perform the requested services. Only after receivi
an amendment to the Agreement and a notice to proceed from the COUNTY, sha
the CONSULTANT proceed with the Additional Services. 1 1
ARTICLE IV
COUNTY'S RESPONSIBILITIES
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4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the
CONSULTANT'S services.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or i
subconsultants; shall be solely for the purpose of determining whether su
11.
documents are generally consistent with the COUNTY's criteria, as, and if, modifie
• review • such documents shall relieve the CONSULTANT • responsibility
the accuracy, adequacy, fitness, suitability, • coordination • its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete t
work. I
, f.7 Any information that may be of assistance to the CONSULTANT that the COUNTI�'
has immediate access to will be provided as requested.
ARTICLE'T
INDEMNIFICATION AND HOLD HARMLESS
3
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE V1
PERSONNEL
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The CONSULTANT shall assign only qualified personnel to perform any service concernirfal
the project. At the time of execution of this Agreement, the parties anticipate that t
following named individuals will perform those functions as indicated: I
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Principal In Charge
Senior Engineer
Senior Environmental
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7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'
performance of this Agreement based on rates negotiated and agreed upon a
shown in Attachment A. I
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(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;
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in ff'",
interest
• the project:
a. Expenses
• transportation submitted • CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, but
only to the extent and in the amounts authorized by Section 112.061, Florida
Statutes; and
b. Cost of reproducing maps ♦ drawings • other materials used in performing the
scope • services; and
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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 • modified by an
affirmative act of the COUNTY's Board of County Commissioners.
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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.
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8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
the project (to include the work of others) is delayed or suspended as a result of t
CONSULTANT'S failure to purchase or maintain the required insurance, t
CONSULTANT shall indemnify the COUNTY from any and all increased expens
resulting from such delay. I
6 4 a*
An Occurrence Form policy is preferred. If coverage is changed to or provided
on a Claims Made policy, its provisions should include coverage for claims filed
on or after the effective date of this contract. In addition, the period for which
claims may be reported must extend for a minimum of forty-eight (48) months
following the termination or expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. CO11NTT shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
G. CONSULTANT shall require its 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 • insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy
of all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such
policies upon request.
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.
The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or
permission • the CONSULTANT.
1.2
representatives to the other and to the successors, assigns and legal
representatives • such other party.
Nothing contained herein shall create any relationship, contractual or otherwise, with
• any rights in favor of, any third party.
A. In the event that the CONSULTANT shall be found to be negligent in any aspec'!
of service, the COUNTY shall have the right to terminate this agreement after
five (5) days'written notification to the CONSULTANT.
14 � I I Zf- d III $III
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.
.2
CONSULTANT will promptly n« tify the COUNTY if it or . « • rr • r
sub consultant • • « with an act defined as a "public entity
crime" or has been placed on the convicted vendor list.
. i •
9.10 SEVAILITY
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The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONSULTANT and their respective lega
representatives, successors, and assigns.
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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.
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 • each party prior to submission.
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CONSULTANT and COUNTY covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degre-
.- . der this Agreement, and that only interest • each is to perform and
receive benefits as recited in this Agreement.
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9.21 PUBLIC ACCESS.
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inspected or copied within a reasonable time.
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.
10
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all • 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.
The Consultant and its subconsultants must follow the provisions as set forth in
Appendix 11 to Part 200, as amended, including but not limited to:
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9.29.9 Americans with Disabilities Act of 1990 (ADA) — The CONSULTANT will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONSULTANT pursuant
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CONSULTANT and subcontractors shall not discriminate ■ the basis • race, color,
national origin or sex in the award and performance of contracts, entered pursuan)
■ this Agreement.
9.31 The Appendices 1, A and E of the FDOT Standard Professional Services Agreement
are attached hereto as Attachment B and the Certification for Disclosure of
Lobbying Activities on Federal Aid Contracts, the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid
Contracts, and the Conflict of Interest/Confidentiality Certification are attached
hereto as Attachment C and all made a part hereof.
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Deputy Clerk
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MONROE COUNTY ATTORNEY'S OFFICE
PATRICIA FABLES
ASSISTANT CO ATTORNEY
DATE:
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Classifications
Hourly Rate
ENGINEERS & ARCHITECTS
Principal in Charge
$225,00
Principal Engineer/Architect
$175A0
Proiect Manager
$150.00
Senior Engineer/ArchitectlEnvironmentaI
5140.00
EngineeriArchitect/ Environmental
$120,00
Junior Engineer/Architect/Environniental/Grant Mar
S90.00
Construction Manaqer/Senlor Field Inspector
$1110.00
Field Inspector
$65.00
Junior Field inspector
$60.00
Senior Technician (CADD)
$65.00
Technician (CADD)
$50.00
Administrative Clerk
S35M
SURVEYORS
Professional Surveyor Mapper
5110.00
Survey Technician
SMOO
2 Man Survev Crew
585.00
3 Man Survey Crew
5110.00
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Senior GIS Analvst
$110100
CIS Anal st
$75.00
GISTechnicianICADD Technician
560M
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ATTACHMErl,T
APPENDICES: 1, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES
AGREEMENT
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Lo('AL AGENCY PRO �GRANI FFDF.RaI :SID TER?1!5 1 /5 IMO F4
Fret PROFESSIt NN L SERVI(T'S (' N'I it.k('TS
P ROGRAM ^ rts Ury > 411
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Incorporation or Provisions The Consultant will include the provisions of Paragraph C through 1 in ever
subcontract, including procurements of rnatedals and leases of equipment unless exempt by the Regulations. order,
or instroctlons issued pursuant thereto. The Consultant shall take such action :,ith respect to any subcontract of
proci,rement as the Local Agency, Florida Department of Transportation. Federal High:vay Adminislration. Federal
Transit Administration, Federal Aviation Administration, andfor the Federal Motor Carrier Safety Administration may
direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant
becomes involved in, or is threatened •,vtlh. litigation with a subconsuHent or supplier as a result of such direction,
the Consultant may request She Local Agency to enter into such litigation to protect the interests of the Local
Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the
interests of the United States.
Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Flights Act of 1964 (42 U.S.C. § 2000d at
q., 79 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Fart 21; The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
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LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375,040�4
For PROFESSIONAL SERVICES CONTRACTS P-ROGIPAPA MANAGENEW
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Interest of Members of Congress: No member of or delegate to the Congress of the United States will be
admitted to any share or part of this contract or to any benefit arising therefrom.
K.
Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and
public corporations, boards, and commissions established under the laws of any State.
L.
Participation by Disadvantaged Business Enterprises, The Consultant shall agree to abide by the following
statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the
Consultant and any subconsultant or contractor,
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of
49 ORR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to
carry out these requirements is a material breach of this contract, which may result in termination of this
contract or other such remedy as the recipient deems appropriate.
M.
It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United
States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement,
N.
It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local
Agency in compliance with 49 DEB, Section 26.51, was erroneous when submitted or has become erroneous by
reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency- It is
further agreed that I lie clause t itled "Certif rc ation Regarding Debarment, Suspension, I neligibility and Voluntary
E xclusion - La.yer Tier Covered Transaction' as "t forth In 49 C F R, Section 2 9.510, shal b a includ by t he
Consultant in all lower tier covered transactions and in all aforementioned federal regulation.
O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or
carrying out this contract, to
employ or retain, or agree to employ or retain, any firm or person, or
2, pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection
with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws,
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LOCAL AGENCY PROORANI FEDERAL-AID TERMS 3 -15- Sac -as
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Foi PROFESSIONAL S'ERVICE, ('(--)N-Tf?-A.C'TS PROGRAM MANAGEM W15
P'N' 303
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P, The Consultant hereby certifies that it has not:
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During the performance of this contract. the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "Contractor') agrees as folio
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation
(hereinafter, "USDDT ") Title 49. Code of Federal Regulations. Part 21, as they may be
amended from time to lime, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the %,cork performed during the contract,
shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
or family status in the selection and retentEon of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.6 of the Regulations, including
employment practices when the contract covers a program set fortis in Appendix B of the
Regulations.
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Certificati f r Disclosure of • f ti • Activities on •[ Co ntracts
,ertifica R egard i ng D e b armen t, S uspens i on , and Vo '.f
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CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTITITIRK;9
• FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his
her knowledge and belief: I
This certification is a material representation • fact upon which reliance was placed
when this transaction was made ■ entered into. Submission ■ this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
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shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
N#ame Coi '.
sultant /,-
By: t Date: V 1 0/6 1 � Authorized Signature
T e::
93
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3 75-030-32
PROCLIREkIFN
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this I tian by any federal department or agency.
Name of Cq06eltanyCpDtwt19r? rn 'r
■. A�NAMJAIFI�
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Instructions for Certification
Instructions for Certification - Lower Tier Participants:
cost $25,000 or more - 2 CFR Parts 180 and 1200)
signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
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may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted i
f. The prospective lower tier participant further agrees by submng this proposal that it will include this clause titled
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a cercation of a prospective participant in a lower tier covered
16M.M. No. affimoffiffimmm MINE
(https://wvAy.epis,govl), which is compiled by the General Services Administration.
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S,'ATE OF FLORIDA DEPARTMENT OF THANSPORTAFON
FROCOREIVEW
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION �XiC WA?
FOR CONSULTANTMONTRACTORITECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety,
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