11/30/2018 Agreement County of Monroe ® BOARD OF COUNTY COMMISSIONERS
c'wEi Mayor Sylvia J.Murphy,District 5:
4 1 Mayor Pro Tern Danny L.Kolhage,District 1
The Florida Keys - ? George Neugent,District 2
Heather Carruthers,District 3
-y % David Rice,District 4
Monroe County .
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West,FL 33040
(305)292-4441 —Phone
(305)292-4544-Fax
MEMORANDUM
TO: Pam Hancock, Deputy Clerk
FROM: Lindsey Ballard,Aide to County Administrator
DATE: November 30, 2018
SUBJECT: • Small Contract
Small contract for your records only.
Enclosures:
Erin Deady LLC-1 copy enclosed
CO I 0-4- jtvrAA;14-6 "jdte"
1215 fo.A.
ATTACHMENT-D.6
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN$50,000.00
Contract with: Erin Deady LLC Contract#
Effective Date: ,October 14,2018
Expiration Date January,15,20_19
Contract Purpose/Description:
Support services_for:project management services:fo help manage the County.'s portion_of
the work under,the'U S,:Army Corp:of Engineers $3M_grant.which will access Monroe
County's.coastal;storm risk: :. .
Contract is Original Agreement Contract.Amendment/Extension Renewal
Contract Manager: Rhonda Haag ' s 8774 ,•MEN 2b
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ 7500 00. '` Current Year Portion: $ 7500.00 •
(must be less than$50,000) (If multiyear agreement then
requires 130CC.approval,unless the .` :''
total cumulative amount is less than '
$50,000.00).
Budgeted?Yes® No [1 Account Codes: -001=05008=-530340
Grant: $ N/A -. -
County Match: $ N/A • - - . -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above). . (e.g.maintenance,utilities,janitorial,salaries,etc.) .i
CONTRACT REVIEW.
Changes Date Out
Date In Needed iewer
Department Head ! (S� Yes❑No❑ / 1 t l 1 L
Risk Management g 11. C(;—I Yes❑Nod it I
O.M.B./Purchasin {t f3 I' Yes ill� No
g d OA'kat � IWI�
County Attorney i( Yes❑ No 7e (2( & °3tFre f l/.all
Comments:
CONTRACT FOR
PROJECT MANAGEMENT SERVICES FOR THE USACE VULNERABILITY
ASSESSMENT STUDY
BETWEEN
MONROE COUNTY
AND ERIN L. DEADY, P.A.
THIS AGREEMENT is made and entered into this 14TH Day October, 2018 by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street,Key West,Florida 33040 and ERIN L. DEADY P.S., ("CONSULTANT"),whose
address is 54 % SE 6th Avenue, Delray Beach, FL 33483.
WITNES SETH
WHEREAS, the United States Army Corps of Engineers (USACE) is conducting a 3-year study to
assess Monroe County's Coastal Storm Risk. The outcome of the Study could be potentially
recommending construable measures to help mitigate risks; and
WHEREAS, Coastal storm risk management projects can evaluate multiple alternatives to address
actual or anticipated infrastructure damage (e.g., elevating structures, nature based features, levees,
floodwalls,pump stations, road raising,ponding areas, tide gates and environmental mitigation); and
WHEREAS, the Study Agreement will target completion of the feasibility study within 3 years at a
total cost of no more than $3 million to the USACE; and
WHEREAS, concurrent with the signing of the agreement, a Draft Project Management Plan will be
developed and agreed upon by Monroe County and USACE.The study will be conducted and managed
by USACE with input from Monroe County; and
WHEREAS the COUNTY is in need of support services for project management services to manage
the work under the Study; and
WHEREAS, CONSULTANT is a professional qualified to render said service.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as
described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this
agreement. CONSULTANT warrants that it is authorized by law to engage in the performance of
the activities herein described, subject to the terms and conditions set forth in these Agreement
documents. The CONSULTANT shall at all times exercise independent, professional judgment
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and shall assume professional responsibility for the services to be provided.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the CONSULTANT and is mutually
agreed upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the 14th day of October, 2018 and
will conclude with delivery of the deliverables outlined in Section 1 of this Agreement,
which shall not be later than January 15, 2019.
Section 4. PAYMENT TO CONSULTANT
4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and
according to the Florida Local Government Prompt Payment Act, Section 218.73, Florida
Statutes. Payments will be lump sum,not time and materials. Partial payments of tasks and
deliverables shall be allowed. The Provider shall submit to the County an invoice with
supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules and regulations as
may govern the Clerk's disbursal of funds. The Sustainability Manager will review the
request, note her approval on the request and forward it to the Clerk for payment.
4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon
annual appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement with or without cause upon thirty (30) days' notice to
the CONSULTANT. COUNTY shall pay CONSULTANT for work performed through the date
of termination.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that she has carefully examined this Agreement and has
made a determination that he/she has the personnel, equipment, and other requirements
suitable to perform this work and assumes full responsibility therefore. The provisions of
the Agreement shall control any inconsistent provisions contained in the specifications. All
specifications have been read and carefully considered by CONSULTANT, who
understands the same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Agreement be more strongly construed
against COUNTY than against CONSULTANT.
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B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services.
D. CONSULTANT agrees that County Administrator or his designated representatives may
visit CONSULTANT'S facility(ies)periodically to conduct random evaluations of services
during CONSULTANT'S normal business hours.
E. CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate
licenses and approvals required to conduct its business, and will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be
submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
• following:
To the COUNTY: County Administrator, Mr. Roman Gastesi
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONSULTANT: Erin L. Deady, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462.
Section 8. RECORDS
CONSULTANT shall maintain all books,records, and documents directly pertinent to perfoiivance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. 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 five(5)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 Section 55.03
of the F.S., running from the date the monies were paid to CONSULTANT.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf
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any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
agreement without liability and may also, in its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime 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.
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 a Agreement with a public entity for the construction
or repair of a public building or public work,may not perform work as a CONSULTANT, supplier,
SUBCONSULTANT, or CONSULTANT under Agreement 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 the Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
Section 11. 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 Agreements 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, the COUNTY and CONSULTANT agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 12. 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.
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Section 13. 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, 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.
Section 14. 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.
Section 15. 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.
Section 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, 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 Agreement shall not be subject to arbitration.
Section 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.
Section 18. NONDISCRIMINATION
COUNTY and CONSULTANT 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. COUNTY or CONSULTANT agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
Page 5
nondiscrimination.
These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794),which prohibits discrimination on the basis of handicaps;The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 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; 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; 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; 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; Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONSULTANT 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.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are 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.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT 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,
Page 6
percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
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 terms 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 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 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 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 COUNTY
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
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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.
Section 23. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONSULTANT 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
Agreement entered into by the COUNTY be required to contain any provision for waiver.
Section 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.
Section 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 perfoumance 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.
Section 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 COUNTY and the CONSULTANT agree that neither the
COUNTY nor the CONSULTANT 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.
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
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•
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 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.
Section 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.
Section 30. 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.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for CONSULTANT and SUBCONSULTANTS.
As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONSULTANT will ensure that the insurance obtained will extend protection to all
SUBCONSULTANTs engaged by the CONSULTANT. As an alternative, the CONSULTANT
may require all SUBCONSULTANTs to obtain insurance consistent with the attached schedules;
however CONSULTANT is solely responsible to ensure that said insurance is obtained and shall
submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONSULTANT's failure to provide
satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified herein. Failure to comply with this provision may result in
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the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion
of work resulting from the failure of the CONSULTANT to maintain the required insurance shall
not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure
to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance, or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
The acceptance and/or approval of the CONSULTANT's insurance shall not be construed as
relieving the CONSULTANT from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
31.2 Insurance Requirements
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000 Combined Single Limit (CSL)
If split limits are provided,the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
Page 10
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include,as a minimum,liability
coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition,the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided
by a company or companies authorized to transact business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of
the contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
CONSULTANT arising out of work governed by this contract.
The minimum limits of liability shall be$ 500,000 per occurrence/$1,000,000 Aggregate.
Page 11
Section 32. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the COUNTY,
its Mayor,the Board of County Commissioners, appointed Boards and Commissions, Officers, and
the Employees, and any other agents, individually and collectively, from all fines, suits, claims,
demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole
negligent actions of the CONSULTANT or substantial and unnecessary delay caused by the willful
nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and
all accidents or injuries to persons or property arising out of its performance of this contract. The
amount and type of insurance coverage requirements set forth hereunder shall in no way be
construed as limiting the scope of indemnity set forth in this paragraph. Further the
CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONSULTANT.
Section 34 INDEPENDENT CONSULTANT.
At all times and for all purposes hereunder,the CONSULTANT is an independent CONSULTANT
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONSULTANT or any of his/her employees,
CONSULTANTs, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent CONSULTANT the CONSULTANT shall provide
independent, professional judgment and comply with all federal, state, and local statutes,
ordinances, rules and regulations applicable to the services to be provided.
Section 35 COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the
completeness and accuracy of its work, plan, supporting data, and other documents prepared or
compiled under its obligation for this project, and shall correct at its expense all significant errors
or omissions therein which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of
additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision
shall not apply to any maps, official records, contracts, or other data that may be provided by the
COUNTY or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the
work schedule. Such an agreement shall be made between the parties.
Page 12
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the
day of 2018.
(SEAL)
ATTEST: KEVIN MADOK, CLERK MONR C UN , FLORIDA
By By
Clerk Roman Gastesi, County Administrator
(CORPORATE SEAL) ERIN L. DEADY, P.A.
ATTEST:
r
By By: C-e -Oc-a-
Title: ei15ic �
MONROE COUNTY ATTORNEY
APP V AS TO RM:
CHRIS INE LIMBERT-BARROWS
ASSISTANT COUNTY A ORNEY
DATE: ( Q
Page 13 •
EXHIBIT A
STATEMENT OF WORK
The Work shall begin on the 14th day of October, 2018 and extend 90 days through January 15,
2019.
Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the
project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, but only to the
extent and in the amounts authorized by Section 112.061,Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in perfoiining the scope
of services;
c. Postage and handling of reports
The following scope of work provides support services for County staff in the preliminary stage
(Phase I) of the "Monroe County Study" initiated as a Federal-County partnership by the United
States Army Corp of Engineers "Corp" under the $3 Million Vulnerability Study to address sea
level rise. The first 90 days of activity are designed to arrive at certain milestones in the Corps
planning process. Erin L. Deady, PA will support County staff to undertake this Phase I work.
Task 1: Project Management
This task shall include twice monthly meetings or calls with the Corps and County staff.
Task 2: Initial Internal Scoping Meeting
This task is a full day of planning discussion and site visit focused on determining the work already
completed by the County on Sea level rise and data availability to support those previous efforts.
This will include development of a list of sources of available data and is designed as a 30-day
deliverable with a monthly status report.
Task 3: Public Scoping and Internal Data Gathering
This task includes at least a two-day series of meetings (1) for the public and (1) internal to further
develop sources of data for the Study. Presentation materials and attendance at the two-day meeting
series is included. A monthly status report is also included.
Task 3: Alternative Milestone Meeting
This task includes briefings with Corps leadership and County staff including a presentation on the
County's sea level rise efforts to date and available data sources. This task included attendance at
the meeting as well as a monthly status report.
Sub-tasks are identified in the attached Scope with budget and dates that have been identified to
date. The total budget for the first 90 days of milestones is$7,500 with specifically design activities
derived from the Corps' planning process.
Task and Deliverables
Page 14
Breakdown
ELD
Tasks Deliverables Dates PA/Stetson Budget
f1.0: Project Management
Project Coordination Calls 2 per month x 3 months 1800 $1,800
.
REligi 0 Initial Internal Scoping Meeting
Travel to and attend Tour and Scoping
Meeting 15-Oct 1000 $1,000
Develop data source list 31-Oct 250 $250
Monthly Status Report 31-Oct 200 $200
%Task Public Scoping and Internal•Data Gathering _
Develop presentation materials TBD 400 400
Develop County stakeholder list and public
engagement strategy TBD 200 200
Preparation call for Public Sscoping TBD 250 250
Travel to and attend 2-day Pulbic and Internal
Scoping Meeting TBD 1600 1600
Monthly Status Report 30-Nov 200 200
Task 4,0r.. .Alternative Milestone Meeting
Develop presentation materials TBD 400 400
Travel to and attend internal Alternative
Milestone Meeting TBD 1000 1000
Monthly Status Report 30-Dec 200 200
TOTAL 7500 $7,500
Page 15
Florida
Lawyers'
Mutual
INSURANCE COMPANY
Created by The Florida Bar for its members.
CERTIFICATE OF INSURANCE
This Certificate is issued as a matter of information only and conf'rs"no rights upon the Certificate Holder: This
Certificate does not amend,extend'or alter the coverage afforded by he policy listed below:
NAMED INSURED AND ADDRESS:
Erin L.Deady,P.A.
620 W.Bloxham Street
Lake Worth,-FL33462
This is to certify that the policy of insurance listed below has been issued to the insured named above and is in force
at this time.
TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY
POLICY NUMBER: 88222
POLICY TERM: 09/20/20181 to 09/20/2019
LIABILITY LIMITS: $500,000 per claim
$1,000,000 total limit
CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing
Company will endeavor to mail 30 days written notice to the below_named Certificate Holder,but failure to.mail such
notice shall impose NO obligation or liability of any kind upon the Company,its agents or representatives.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Monroe County Board of County Commissioners
11.00 Simonton Street
Key West,Florida 33040
December 6, 2018
DATE OF ISSUE A PRE ATIVE
v Y RISK NAGEMENT
BY
DA
WAIVER N/ YES
541 East Mitchell Hammock Road,Oviedo,FL 32765 P 800.633.6458 1 F 800.781.2010 I flmic.com