Item O4 0.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: 0.4
Agenda Item Summary #5843
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into a $0 Amendment No. 1 to the on-call
contract with Tetra Tech, Inc. for Category B canal infrastructure engineering services to include the
contract provisions required for federal grant work.
ITEM BACKGROUND: This amendment provides the federal provisions to the contract in order
to allow federally funded grant work to be performed. The County anticipates federal RESTORE
Act funding becoming available soon. This contract provides the professional on-call services of a
consultant to perform project engineering and related services for the County's canal restoration
program.
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C—Environmental Engineering
Services.
12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech
Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services.
04/12/17: Approval to enter into a$0 on-call contract with Tetra Tech, Inc. for Category B canal
infrastructure engineering services.
CONTRACT/AGREEMENT CHANGES:
Add federal provision clauses
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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0.4
Tetra Tech Amendment Cat B
Category B Tetra Tech signed contract
FINANCIAL IMPACT:
Effective Date: August 21, 2019
Expiration Date: Life of contract
Total Dollar Value of Contract: To be determined through Task Orders
Total Cost to County: $0
Current Year Portion: $0
Budgeted: No
Source of Funds: $0
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No If yes, amount: N/A
Grant: No
County Match: No
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 07/25/2019 9:15 AM
Pedro Mercado Completed 07/25/2019 9:20 AM
Budget and Finance Completed 07/25/2019 9:22 AM
Maria Slavik Completed 07/25/2019 11:30 AM
Kathy Peters Completed 07/30/2019 4:58 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
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AMENDMENT NO. I
TO THE CONTRACT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES FOR -
CATEGORY B CANAL INFRASTRUCTURE ENGINEERING SERVICES
THIS AMENDMENT NO. 1, dated this day of , 2019 is entered into between
the COUNTY and the CONSULTANT, to the Contract For On Call Professional Engineering
Services for Category B Canal Infrastructure Engineering Services, dated the 12th day of April E
2017, by and between Monroe County Board of County Commissioners, hereinafter referred to
as "COUNTY," and Tetra Tech, Inc., hereinafter referred to as "CONSULTANT". a
W ITNESSETH:
WHEREAS, the parties entered into an agreement for on call engineering services on the 12'h e
clay of April 2017 hereafter"original agreement"; and
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WHEREAS, subsequent to entering into the original agreement the parties found that the 0
agreement omitted certain federal provisions; and
WHEREAS, the parties wish to amend the original agreement to incorporate the federal e
provisions such that federal funding may be applied to work under this agreement;
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NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated e
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged,COUNTY and CONSULTANT agree as follows:
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Section 1. ArticIe 9.5 TERMINATION is amended to read as follows: �?
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9.5 TERMINATION
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9.5.1 If funding cannot be obtained or cannot be continued at a level sufficient to allow for M
continued reimbursement of expenditures for services specified in this agreement, the agreement
may be terminated immediately at the option of the COUNTY by written notice of termination
delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services
provided by the CONSULTANT after the CONSULTANT has received written notification of
termination,unless otherwise required by law.
9.5.2 In the event the CONSULTANT shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days' written notification
to the CONSULTANT.
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9.5.4 Either of the parties hereto may cancel this Agreement without cause by giving the other
party thirty(30) days written notice of its intention to do so.
9.5.5 Termination for Convenience; Termination for Cause and Remedies: In the event of
breach of any contract terms, the COUNTY also retains the right to terminate this Agreement.
The COUNTY may terminate this agreement for cause with CONSULTANT should
CONSULTANT fail to perform the covenants herein contained at the time and in the manner
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herein provided. In the event of such termination, prior to termination, the COUNTY shall E
provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT
with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement with the
CONSULTANT for cause, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination upon receipt of all deliverables,
unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The e
maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the right to pursue U)
a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al.
of the Monroe County Code.
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Section 2. Article X FEDERAL CONTRACT REQUIREMENTS is hereby added to the
contract as follows:
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10.1 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 �s
C.F.R. Part 200, Appendix II,1 C,agrees as follows:
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1)The CONSULTANT will not discriminate against any employee or applicant for employment
because of race,color, religion, sex, sexual orientation, gender identity, or national origin.The E
CONSULTANT will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
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provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
2)The CONSULTANT will, in all solicitations or advertisements for employees placed by or on
behalf of the CONSULTANT, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
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3)The CONSULTANT will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of such Cc
employee's essential job functions discloses the compensation of such other employees or
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applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is U)
consistent with the CONSULTANT's legal duty to furnish information. °
4)The CONSULTANT will send to each labor union or representative of workers with which it e
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'representative
of the contractor's commitments under section 202 of Executive Order 11246 of September e
24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5)The CONSULTANT will comply with all provisions of Executive Order 11246 of September �?
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e
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6)The CONSULTANT will furnish all information and reports required by Executive Order U
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
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7)In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the CONSULTANT may be declared 1
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ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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10.2 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R.
§200.326 and 2 C.F.R. Part 200,as amended including but not limited to:
10.2.1 CONSULTANT agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. §§7401-767 1 q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. §§1251-1387) and will reports violations to FEMA and the
Regional Office of the Environmental Protection Agency(EPA).
10.2.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all e
prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply
with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to 0
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned e
upon the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to e
other FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C.
§ 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and co
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). As required by the Act, each contractor or sub recipient is
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
(1)CONSULTANT.The CONSULTANT shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
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(2) Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any lower tier -
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
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(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. E
10.2.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must e
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. e
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
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10.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or sub recipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or sub recipient must comply with the e
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and t?
any implementing regulations issued by the awarding agency.
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10.2.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and sub grants of amounts in excess of $150,000
must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Contra] Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency(EPA).
10.2.6 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
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that implement Executive Orders I2549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared _
ineligible under statutory or regulatory authority other than Executive Order 12549.
10.2.7 Byrd Anti-Lobbying Amendment (3I U.S.C. 1352) - CONSULTANTS that apply or bid
for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or E
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 3I
U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
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10.2.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended 0
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40
CPR part 247 that contain the highest percentage of recovered materials practicable, consistent c
with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and c
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
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10.2.9 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 c
thereunder, and the assurance by the CONSULTANT pursuant thereto.
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10.2.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds
under this Agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that
DBE's have the opportunity to participate in the performance of this Agreement. In this regard,
all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity
to compete for and perform contracts. The COUNTY and the CONSULTANT and
subcontractors shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of contracts,entered pursuant to this Agreement.
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10.2.11 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
CONSULTANT during the term of the Contract and shall expressly require any subcontractors a_
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Contract term.
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Section 3. All other provisions of the Contract for On Call Professional Engineering Services E
for Category B Canal infrastructure Engineering Services, dated the 12th day of April 2017, not
inconsistent herewith,shall remain in full force and effect.
IN WITNESS WHEREOF, each party caused this AMENDMENT NO. I to be executed by its
duly authorized representative on the day and year first above written.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA U)
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By. By: (n
Deputy Clerk Mayor/Chairman e
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Date.:
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TETRA TECH,INC.
ROE ATT EY
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Date 4 Title:
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STATE OF FLORIDA m
COUNTY OF
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On thisa y of 2p before me, the undersigned notary public,('rrsonally appeared
known to me to be the Person whose name is subscRbNf, awc-or,wha E
produced As identification, and acknowledged that he/she is the person who
executed the above Amendment #6 to Engineering and Design agreement with Monroe County for the
purposes therein contained. ��,'_'M
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snYFLORIDABy: 1E
Notary Pub ' .- caff"a GGG2Tn17
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Print Name
My commission expires:wmm Seal
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AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING
SERVICES FOR CATEGORY B 0
CANAL INFRASTRUCTUBE
ENGINEERING SERVICES
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This Agreement ("Agree me nt" made and entered into this 12'h day, of April, 2017 by, and E
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 re:ferred to
as "COO-JNTY," through the Monroe County Board of County Commissioners ("BOCC"), and
TETRA n0rr1, INC., its successors and assigns, a corporation of the State of Delaware, whose
address is 759 South Federal Highway, Suite 314, Stuart, Fl, 34994, hereinafter referred to as co
"CONSTAJANT,,.
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WFFNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various potential County Canal Restoration Projects located in Monroe County, 0U)
Florida, and .2
WHEREAS, CONSULTANT has agreed to provide professional services for rniscellaneous
projects in which construction costs do not exceed $2,000,00f 0; and
WHEREAS, the potential professional services to be implemented under this Contract will be for
services in the form of a continuing contract, commencing the effective date of this agreement and W
ending four years thereafter, with options lor the County to renew for one additional 1. year period* and
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WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time
schedule, charges and payment conditions, and additional terms and conditions that are applicable to
such Task Orders; and 0
WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes
the COUNTY's written authorization to CONSULTANT to proceed with the services described in the
Task Order; and
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WHERF"AS, the terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the
Article of this Agreement to be modified will be specifically referenced in the Task Order and the
modification shall be precisely described; and
WHEREAS, the CONSULTANT shall provide Category B - comprehensive engineering
consulting services to further the County's (,anal liffiwvructure E'ngineering Service,-S'for the Canal
Restorcuion Program. Such Consulting may include, but not be limited to, performing studies,
engineering studies, engineering design services for canal restoration construction prqjects, including 00
design, surveying, draping, preparing specifications and solicitation/contract documents, sediment and
water quality studies, hydrologic, geotechnical investigations, permitting, assisting with review of
contractor proposals or bids, comprehensive project management services, construction engineering
and inspection services or similar services to assist the County in expanding its Canal Restoration E
Program, Outreach services, and arrangement of access agreements; and
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WHEREAS, there is no minimum amount of'work guaranteed by the COUNTY.
NOW, THEREFOR]"', in consideration of the mutual promises, covenants and agreements 0
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stated herein, arid for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONS LJLTANTagreeas follows:
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ARTICLL, I
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1.1 TERM OF AGREEMENT
1.1 1`xcept as noted below, this Agreement shall begin on the 12"' day of April, 2017 and extend
for a period of four (4) years to April 11, 2021. A one year extension may be authorized at
the option of the COLfNTY.
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1.2 REPRESENTATIONS
By executing this Agreement, CONSULTANT makes the following express representations to U)
the COUNTY: 0
1.2.1 The CONSULTANT shall maintain all necessary professional licenses, pen-nits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONS U LTAM"S duties hereunder have been fully satisfied;
1.2.2 The CONSULTANT has become familiar with the potential Project sites, and the local W
conditions under which the Work is to be completed.
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1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. In providing
services under this Contract, the CONSI-JI-JANT shall perform its services in a 0
manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances
at the same time and in the same or similar locality. Upon notice to the
CONSULTANT and by mutual agreement between the parties, the
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CONKAJANT will, without additional compensation, correct those services not
meeting such a standard;
1.2,.4 The CONS LJL.TANTassumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.2.5 The CONSULTANT'S, services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules,
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and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT. E
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1.2.6 At all times and for all purposes under this agreement the CONSULTANT' is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
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No statement contained in this agreement shall be construed so as to find the 4-
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CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board Of County Commissioners for Monroe County, E
1.2.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age., or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLL I
SCOPE OF BASIC SERVICES
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2.1 SCOPE OF WORK
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The CONSUL]"'ANT will perform for the COUNTY services as described in individual Task Orders 0U)
in accordance with the requirements outlined in the Agreement and the specific Task Order.
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 CONSULT ANT or its sub-consultants,or both.
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2.3 NOTICE REQUIREMENT
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All written correspondence to the COUNTY shall be dated and signed by an authorized
representative ofthe 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
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receipt requested,to the following:
For the County:
Ms. Rhonda Haag
Director of Sustainability and Projects
102050 Overseas Highway, Room246 0
Key Largo, FL 33037
And: Mr. Roman Gastesi,Jr.
Monroe County Administrator
11 OO Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
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Mr. Gerardo Contreras
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And: Mr. Brian Proctor
759 South Federal highway, Suite 314
Stuart, FL 34994
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ARTICLE III
ADDITIONAL SERVICES
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3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
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negotiated at the time when services are required, but only if approved by the COUNTY
before conimeneement.
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3.2 If Additional Servicesare required the COUNTY shall issue a letter requesting and describing
the requested services to the CONSIJUFANT. The CONSULTANT shall respond with a tee
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. co
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ARTICLE IV
COUNTY'S RESPONSI 1311.1 TIES,
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4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of'work, county maintained roads and maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect 0
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONsuurANT in order to avoid unreasonable W
delay in the orderly and sequential progress ofthe CONSUI.A'ANT'S services.
0,
a.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
duly
confoserved if sent ursuant to paragrahrmance with the Agreement Docum2.3.ents, Written notice shall be deemed to, have been
0
p 1)
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the:
CONSULTANT'S services and work of the contractors.
0
0
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
sub-consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 'I"he COUNTY shall provide copies of necessary documents required to complete the work.
0
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
in-imediate access to will be provided as requested.
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Page 4
Packet Pg. 1799
ARTICLE V
INDEMNIFICA,riON AND HOLD HARMLESS
0
5.1 The CONSULTANT s h a 11 indemnify and hold harmless COUN'I"'Y and its officers
and employees from liabilities, damages, losses and costs to third parties, including but
E
not limited to, reasonable attorneys' lees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)
E
and other persons employed or utilized by the CONSULTANT in the performance of the
contract. In no event shall the negligent,, reckless or intentional wrongftil conduct of the
COtJNTY, its officers, employees or other persons employed or utilized by the COUNTY be
indemnified by CONS ULTANT.
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,
0
0)
or lessened by the insurance requirements contained elsewhere within this agreement..
5.3 'To the extent 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 tile .2
required insurance, the CONSUl,TANT shall indemnify COUNTYit from documented 0
(n
increased expenses resulting from such delays.
5.4 The extent of liability is, in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
W
5.5 This indemnification shall survive flor a period of one (1) year fallowing the expiration or
early termination of the Agreement. 2,
ARTICLE VI
PERSONNEL
0
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
0
NAME FUNCTION
Brian Proctor Principle-In-Charge
Richard Cz1apinski, PE Senior Consultant I
Brian Watson, PE Senior Consultant I
Stuart MeGahec, PE Engineering Manager 11
Gerardo Contreras, PE Senior Engineering Staff"I I I
Rebecca Serra, PE Senior Engineer Staff l I
0
.Jesse Davis, PE Engineer Staff Vill
Francisco Martinez, EIT Engineer StaffV
Patrick Zutoaga Senior Scientist I
Marcy Frick, REM Staff Scientist Vill
Lisa Canty Staff Scientist VI
Kelly Gracie Staff Scientist (Outreach) III
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Packet Pg. 1800
So long as the individuals named above remain actively employed or retained by the CONSULTANT,
they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT
0
4-
shall notify the COUNTY of the change immediately.
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ARTICLE VII
COMPENSATION
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7.1 PAYMENT SUM
7.1.1 The COUNry shall pay the CONSULTANT in Current funds for the
CONSULTANT'S performance of this Agreement based on rates negotiated and agreed
upon and shown in Attachment A.
7.2 PAYMENTS 0
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set U
U)
forth herein, the CONSULTANT shall be paid monthly. Payment w 2
ill be made pursuant to 0
the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTAN'I""S duties, obligations and responsibilities are materially
changed by aniendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
W
(13) As a condition precedent for any payment due under this Agreement,
0'
the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the a.
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The 0
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
0
0
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the project:
U)
a. Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, but only to the
extent and in the amounts authorized by Monroe County Code Section. 2-106 through 2-
117 for travel, per diem, meals and mileage. Other travel expenses shall be paid in
accordance with Section 112.061, Florida Statutes. Travel time charges shall not begin
until the employee reaches mile marker 106 if coming from outside of Monroe County, 0
and shall not be charged if the employee resides within Monroe County
b. C o s t of reproducing maps or drawings or other materials used in performing the scope
of services; E
C. Postage and handling of reports.
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Packet Pg. 1801
7.4 BUDGET
0
T-
7.4.1 The CONS ULTANT 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
E
year (October I - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of"
E
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 V111
0
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at U)
0
all times that this Agreement is in effect. To the extent the completion of the project (to .2
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 CONS ULTANT'shal I
indemnify the COUNTY from documented increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of V 1 0)
or better, that is licensed to business in the State of Florida and that has an agent t7or W
service of process within the State, of Florida. The coverage shall contain an endorsement
providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
forrn acceptable to the COUNTY.
8.3 CONSUI.,TANTshall obtain and maintain the foltowing policies: 0
A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond
to Florida Statute 440.
B. Employers Liability Insurance with limits of$1,000,000 per Accident, 1,000,000 0
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for U)
injuries to rnenobers of the public and/or damages to property ol'others arising from use of
motor vehicles, including ons,ite and offsite operations, and owned, hired or non- owned
vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00)annual aggregate.
0
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others to the extent
arising out of any covered act or omission of the CONSUL"I"ANTor any of its employees
or agents, including Premises and/or Operations, Products and Completed Operations,
Independent Contractors; Broad Form Property Damage and a Blanket Contractual
Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual
Page u 7
Packet Pg. 1802
aggregate.
0
An Occurrence Form policy is preferred. If coverage is changed to or provided on a 4-
Clairris 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
E
reported must extend for a rninirnum of 12 months following the termination or
expiration of this contract. E
E, Professional liability insurance of One Million Dollars ($1,000f ,000.00) per occurrence and
Two Million Dollars ($2,000,000,00) annual aggregate. If the policy is a "claims made"
policy,, CONSUL,TAN"r 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.
0
0
F, COUNTY shall be named as an additional insured with respect to CONSI_JI.TANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
U)
0
G. Unless otherwise agreed to by the parties, CONSULTANT shall require its sub- .2
it
consultants to be adequately insured at least to the lin-lits prescribed above, and to any 0
increased limits of CONSUI.TANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for sub-consultants.
H. CONSUI-TANT shall provide to the COUNTY certificates of insurance including those
narning the COUNTY as an additional insured. W
1, If the CONSUI.TANT participates in a self-insurance fund, a Certificate of Insurance will 2,
a.
be required. In addition, the CONStA."I'ANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
0
J. In no event shall .any coverage provided by CONSULTANT extend to claims caused by the
acts, omissions or negligence of the additional insureds.
ARTICLE IX
MISCELLANEOUS
0
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, U)
0
and it is agreed that such section headings are not a part of this Agreement and will not be used in the 0
interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
0
The documents prepared by the CONSUT,TANTfor this Project belong to the COUNTY and may be cm
reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event
that COUNTY makes use of said docurnents on a project or projects not covered under this Contract,
without CONSULTANT'S express written consent, such use shall be at the sole discretion, liability,
E
and risk of the COUNTY.
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Packet Pg. 1803
In the event COUNTY makes use of said documents on a projector projects not covered under this
Contract, without C'onsultant's express written consent, said consent not to be unreasonably
withheld, such use shall be at the sole discretion, liability and risk of the C01JNTY, 0
4-
9,.3 SUCCESSORS AND ASSIGNS
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The CONSIJUANT shall not assign or subcontract its obligations under this agreement, except in 0
E
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 condition,,,, 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.
0
9.4 NO THIRD PARTY BENEFICIARIES
U)
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in 0
favor of, any third party.
If the COUNTY is not the ultimate beneficiary of the Services or COWRACTOR's work product is
used in such a way as, to create or induce any reliance by any third party, the COUNTY represents and
warrants (i) that it shall bind its clients and/or such third parties to limitations on and protections
against liability "protective provisions" commensurate with those afforded CON'TRACTOR hereunder W
and that such protective provisions are intended to and do in fact inure to the benefit of
CONTRACTOR, and/or(ii)that the COUNTY has the power to act on behalf of its clients and/or Such
third parties and does hereby bind such parties to these protective provisions. IL
9.5 TERMINATION
0
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 0
sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS U)
This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX),
the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of
this Agreement, and Attachment A ,and modifications made after execution by written amendment.
In the event of any conflict between any of the Contract documents, the one imposing the greater
burden on the CONsut.TANTwill control. 0
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for Ln E
public entity crime may not submit a bid on contracts to provide any goods or services to a public
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Packet Pg. 1804
entity, may not submit a bid on a contract with a public entity for the construction or repair of public
building or public work, may not submit bids on leases of real property to public entity, may not be
0
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with 4-
It-
any public entity, and may not transact business with any public entity in excess of the threshold
r-
amount provided in Section 287.0 17 of the Florida Statutes, for CA"I'I"'GORY TWO for a period of'36 4)
E
months fi-orn the date of being placed on the convicted vendor list.
E
By signing this Agreement, CONStAA"ANT 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 C( UNTY's competitive procurement activities,
In addition to the foregoing, CONSULTANT farther represents that there has been no determination, co
based on an audit, that it or an), sub-consultant has committed an act defined by Section 287.133,
0
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 CONLJSULTANThas been placed on the convicted vendor list. U)
.2
CONSULTAN'l' will promptly notify the COUNTY if it or any subcontractor or sub-consultant is
formally charged with an act defined as a "public entity crime" or has been placed on the convicted
vendor list.
9.8 MAINTENANCE OF RECORDS
W
CONSULTANT shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently 2'
applied, Records shall be retained for a period of ten years firoin 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
0
term of the Agreerrient and for ten 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 CONSULA'AN'l' 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, 0
9.9 GOVERNING LAW, VENUE, INTERPRETATION,COSTS,AND FEES
U)
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, C0IJN,rY and CONSULTANT agree that venue shall lie in the Sixteenth
Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate
0
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.
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9.10 SEVERABILITY
0
If any term, covenant, condition or provision of this Agreement (or the application thereof to any 4-
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,
E
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
E
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.
9.11 ATTORNEV'S FEES, AND COSTS
0
0)
The COUNTY and CONS U I.AAN'T 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, U)
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall .2
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate 4)
(n
proceedings.
,9.12 BINDING EFFECT
The terms. covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit W
of the COUNTY and CONSULTANT and their respective legal representatives, successors, and
0,
assigns.
9.13, AUTHORITY ers
0
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law,
9.14 CLAIMS FOR FEDERAL OR STATE AID
0
CONSIJLTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONStJLTANT agree that all disputes and disagreements shall be attempted to be
0
resolved by meet and confer sessions between representatives of each of the parties. If no resolution CD
p 2
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.
�page 1 11
Packet Pg. 1806
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the 0
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,
E
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
E
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATiON
CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that M
discrimination has occurred, this Agreement automatically terminates without any further action
0
on the part of any party, effective the date of the court order, CONSULTANT agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: i) 'ritle VI of the Civil Rights Act of 1964 U)
(Pt, 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title Ix .2
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which 0
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) I'he 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 W
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI, 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health 2,
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 oi- financing of
0
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. 0
9.18 COVENANT OF NO INTEREST
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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 degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement,
0
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COLINTY 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 E
business with one's agency:, unauthorized compensation; misuse of public position, conflicting
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employment or contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT 0
The CONSULTANT and COUNTY warrant that, in respect to itself', It has neither employed nor
E
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,
E
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 rig
ht 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.
0
9.21 PUBLIC RECORDS COMPLIANCE.
Contractor must comply with Florida public records laws, including but not limited to Chapter 119,, 0U)
Florida Statutes and Section 24 of article I of the Constitution of Florida. The Contractor shall allow .2
it
the COUNTY reasonable access to, and inspection of, all documents, records, papers, letters or other 0
``public record" materials in its possession or under its control subject to the provisions of Chapter H 9.
Florida Statutes, upon request by the County in coi1junction 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 tile Conti-actor. 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 W
the form of a court proceeding. The prevailing party, shall be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding as provided for in Section 119.0701(4). This 2,
provision shall survive for a period of ten (10) years following termination or expiration of the
contract.
0
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. I19.0701 and the terms and conditions of this contract,
the Contractor is required to:
(I) 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 0 0
'a
of the requested records or allow the records to be inspected or copied within a reasonable tirne
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. cm
(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 w 0ould be required by the 0)
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 E
shall meet all applicable requirements for retaining public records. All records stored
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Packet Pg. 1808
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,
0
(5) A request to inspect or copy public records relating to a County contract must be made 4-
directly to the County. Ifthe County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Conti-actor must provide the records
E
to the County or allow the records to be inspected or copied within a reasonable time.
E
In accordance with Sec. 119.070 1, Florida Statutes:
IF ]'HE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRA(']-', CONTACT THE CUSTODIAN
OF PIJBLIC RECORDS, BRIAN BRADLEY AT (305,) 292-3470, Bradley-
Briarl( MonroeC,ounty-FL,Gov, 1111 121h St, Suite 408, Key West, Fl. 33040
0
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the U)
CONSIJI,TANT and the COUNTY in this Agreement and the acquisition of any cornmercial liability .2
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to, the extent of liability coverage, nor shall any contract
entered into by the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
W
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 2,
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
p 0
such officers, agents, volunteers,or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
0
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.
9.25 NON-RELIANCE BY NON-PARTIES
0
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 CONSIJIJANT and the COUNTY agree that
neither the CONSULTANT nor the COI,JNTY 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
Paige 1 14
Packet Pg. 1809
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement. I-
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9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
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CONSUL'I"ANT agrees to execute such documents as COUNTY may reasonably require, including a 'a
Public Entity Crime Statement, an Ethics Statement, and a Drug-l"ree Workplace Statement.
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Signature of this Agreement by CONSULTANT shall act as the execution of 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 during the term of the Agreement.
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9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of 0U)
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no, .2
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as W
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. 2,
a.
9.29 DISADVANTAGED BUSINESS ENTERPRISE (I)BE) Policy and Obligation - It is the
policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
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opportunity to participate in the performance of'contracts financed in whole or in part with COUN'"Ir"y
funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement, The COUNTY and its CONSULTANT agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal and state
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laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COIJNTY and the CONSULTANT and subcontractors shall not discriminate on the
basis of race, color, national origin or sex. in the award and performance of contracts, entered pursuant
to this Agreement. U)
9.30 PURSUANT TO SECTION 558.0035. FLORIDA STATUTES, AN INDIVIDuAl..,
EMPLOYEE OR. AGENT OF CONSULTANT MAY NOT ICE FIE1.1) INDIVIDUALLY LIABLE
FOR NEGLIGENCE.
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9.31 CONSULTANT LIABILITY. Notwithstanding any Article to the contrary contained in the
Contract, CONS U I-Ai s total liability arising out of or in connection with the Contract or the
Services including any for damage to or loss of COUNTY'S property, shall in no event extend beyond 4i
one (1) year after completion of the Services in question or exceed the total amount of compensation
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paid to CON SULTAN'T hereunder up to the intaximurri arnotint of'$250,000. The warranties and the
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remedies set forth herein are exclusive. CONSULTANT makes no other warranties, express or
implied,with respect to its performance under this Contract. CONSULTANT and its employees shall
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in no event be liable for any special, indirect or consequential damages,arising out of the performance, 'a
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of services hereunder, including,specifically but without limitation, loss of profits or revenue, business 0
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interruption, loss of or interference with, whether or not by third parties, full or partial use of any
equipment,, facility or properly, including real property,cost of replacement power,energy or product,
delay in or failure to perform or to obtain permits or approvals,cost of capital, loss of goodwill,claims
of customers,, fines or penalties assessed against COUNTY or similar,damages. The foregoing shall
apply to the fullest extent allowed by law irrespective of whether I iability of CONSULTANT is
,claimed, or found to be based in contract,tort or otherwise (including negligence, warranty, indemnity
and strict liability),. 0
IN WITNESS WHER-EOF,each party has caused this Agreement to be executed by its duly
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authorized representative on,the day and year first above written. 2 0
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest. KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
By: B
y W
Deputy Clerk Mayor/Chairman
Date: 0,
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(Seal) TETRA TECH,INC.
Attest'. 0
..........
BY.
roan Proctor
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'Title: Title: VP, Southeast Operations
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ATTACHMENT A 0
CONSULTANT RATES
TETRA TECH, INC. E
20�17 Schedule of Hourly Rates
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CLASSIFICATION RATE
Engineers / Scientists / Planners
Eng/Sci/Planner Technician $63.00
Eng/Sci/Planner Staff 1 $70.00
Eng/Sci/Planner Staff 11 $80.00,
Eng/Sci/Planner Staff III $90.00
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Eng/Sci/Planner Staff IV $100.00 cm
Eng/Sci/Planner Staff V $1,moo
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Eng/Sci/planner Staff VI $120.00 0
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Eng/Sci/Planner Staff VII $130.00
Eng/Sci/Planner Staff VIII $140.00
Eng/Sci/Planner Senior Staff 1 $160.O�O
Eng/Sci/Planner Senior Staff 11 $170.00
Eng/Sci/Planner Senior Staff 111 $1810.00
Eng/Sci/Planner Manager 1 $190.00 w
Eng/Sci/Planner Manager 11 $199.00
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Senior Consultant 1 $215.00 (L
Senior Consultant 11 $230.0O
Principle-In-Charge $26,5.00
GIE3 Designers / Drafters 0
GIS Design Staff 11 $82.00
GIS Design Staff 111 $97.00
GIS / Design Staff IV $110.00
GIS / Design Staff V $120.00
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GIS / Design Staff VI $135.00 'a
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GIS / Design Manager 1 $150.00 r_
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Financial Stipport / Procureinexit Administrative U)
Project Support Services 1 $63.00
Project Support Services 11 $72.00
Project Support Services III $86.00
Project Support Services IV $97.00
Project Support Services V $107.00 0
cm
Project Support Services VI $11&00
Project Support Services VII $130.00
Project Support Services VIII $142.00
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Project Support Services Manager 1 $155.00
Project Support Services Manager 11 $169.00
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