Item C15C.15
t, 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: C.15
Agenda Item Summary #5867
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292-4439
N/A
AGENDA ITEM WORDING: Approval of a Second Amendment to the Agreement for
Continuing Professional Engineering and Surveying Services with F R Aleman and Associates, Inc.
(FR) to renew the Agreement for one additional year.
ITEM BACKGROUND: On October 21, 2019, the Professional Engineering and Surveying
Services Agreement with FR will expire. The Agreement provides an option to renew for a one year
period. This Second Amendment would renew the Agreement for one additional year.
PREVIOUS RELEVANT BOCC ACTION: 10/21/15 - BOCC approved a Professional
Engineering and Surveying Services Agreement with FR. 4/19/18 - BOCC approved the First
Amendment to the Agreement to revise the public records compliance language, include federal
contract provisions, and establish a timeline for performance and cost estimating requirements.
CONTRACT/AGREEMENT CHANGES:
Renew term for one year.
STAFF RECOMMENDATION: Approval of second amendment as stated above.
DOCUMENTATION:
F R Aleman 2nd Amend Renewal final
F R Aleman 1st Amend. Executed
F R Aleman Agreement
F R Aleman Insurance
F R Aleman W Comp
FINANCIAL IMPACT:
Effective Date: 10/21/19
Expiration Date: 10/20/20
Packet Pg. 493
C.15
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: Consultant hired as needed.
N/A
REVIEWED BY:
Cary Knight
Completed
07/30/2019 4:20 PM
Chris Ambrosio
Completed
07/31/2019 7:48 AM
Budget and Finance
Completed
08/01/2019 11:59 AM
Maria Slavik
Completed
08/02/2019 11:54 AM
Kathy Peters
Completed
08/02/2019 12:48 PM
Board of County Commissioners
Pending
08/21/2019 9:00 AM
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C.15.a
SECOND AMENDMENT
TO THE AGREEMENT FOR CONTINUING PROFESSIONAL ENGINEERING AND
SURVEYING SERVICES
This Second Amendment to the Agreement for Continuing Professional Engineering and
Surveying Services dated October 21, 2015, is made and entered into this 21" day of August 2019,
by and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, its successors and assigns, hereinafter referred to as
"County", and F R Aleman and Associates, Inc., whose address is 103005 N.W. 41" Street, Suite
200, Doral, FL 33178, its successors and assigns, hereinafter referred to as "Consultant" or
"Contractor",
WITNESSETH:
WHEREAS, on October 21, 2015, the County and Consultant entered into an Agreement for
Continuing Professional Engineering and Surveying Services ("Agreement"), pursuant to Florida
Statute 287.055 to provide professional services for miscellaneous projects in which construction
costs do not exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) or for study activity
if the fee for professional services for each individual study under the contract does not exceed
Ten Thousand and 00/100 Dollars ($10,000.00); and
WHEREAS, on April 19, 2018, the Monroe County Board of County Commissioners approved a
First Amendment to the Agreement to revise language in its contracts and/or agreements for Public
Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative
revisions to §119.0701, to include Federal Contract Provisions, and to establish a timeline for
performance and cost estimating requirements; and
WHEREAS, the Agreement is valid for four years commencing October 21, 2015 and expiring
October 20, 2019, and it allows for one renewal option for one additional year;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. The Agreement shall be renewed for one additional one year period commencing October
21, 2019 and terminating October 20, 2020.
2. All other terms and conditions of the Agreement, as amended, shall remain in full force
and effect.
Page 1 of 2
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IN WITNESS WHEREOF, each party has caused this Second Amendment to be executed by i
duly authorized representative on the day and year first .it written. i
(SEAL)
Attest: KEVIN MADOK, Clerk
By:
Deputy Clerk
Date:
(SEAL)
Attest:
Witnesses to Consultant:
101flu. Me I
WN
WN
170M
0
Mayor/Chairman
CONSULTANT:
F R. ALEMAN & ASSOCIATES, INC.
mums". 71
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRIS AMBROSIO
ASSISTANT COUNTy TTORNEY
L T
Date:-.-
10M
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C.15.b
DATE: May 15, 2018
TO: Ann Mytnik, Sr. Contracts Administrator
Project Management
Tammy Sweeting
Executive Assistant
FROM: Sally M. Abrams, D.C.
SUBJECT: April 19th BOCC Meeting Approved Agenda Item
Attached is an electronic copy of the amendment listed below for your handling.
C24 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement
with F. R. Aleman and Associates, Inc., to revise the public records compliance language, include
required federal contract provisions, and establish a timeline for performance and cost estimating
requirements.
Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
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FIRST AMENDMENT
TO THE CONS U LTANTAGREENIENTFOR
PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
'this First Amendment ("Amendment') made and entered into this 10' day of April
2018, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns,
hercinal'ter referred to as "County", through the Monroe County Board of County
Commissioners ('B(.)CC"),
AND
F R Alernan and Associates, lite. whose address is 10305 NW 4 1 "" St. Suite 200, Doral,
FL, 33178, its successors and assigns, hereinafter referred to as (_,'onsultant" or "Con tractor",
WITNESsum:
WFIEREAS, on the 2 Is' day of October, 2015, the parties entered into a Consultant Agreement
for Professional Engineering and Surveying Services ("Agreernent"), pursuant to Florida Statute
Sec. 287.055 (2) (g) to provide professional set -vices for miscellaneous projects in which
construction costs do not exceed One 1,Jundred Thousand and 00/100 Dollars ($100,000,00) or
for study activity if the fee for professional services for each individual study under the contract
does not exceed Ten Thousand and 00/ 100 Dollars ($ 10,000.00); and
WI-11'REAS, County desires to revise language in its contracts and/or agreements for Public
Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to
legislative revisions to § 119.0701 which became effective March 8, 2016, and any subsequent
changes thereto; and
WIJEREAS, County desires to add required I"'ederal Contract Provisions to its contracts and/or
agreements; and
WHERF.AS, County desires to include an article in the Agreement establishing a timeline for
performance and cost estimating requirements; and
WI1E1 1,`.AS, Consultant agrees and consents to such revisions in its Agreement to ensure Public
Records compliance, Federal Required Contract Provision requirements, and as timeline for
performance and cost estimating requirements; and
WFJERI,�II
AS, the parties find it mutually beneficial to amend its Agreement as to the Public
Records compliance, Federal Required Contract Provisions, and the timeline for performance
and cost estimating requirements; and
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NOW, TI IFREF'ORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as Follows:
1, Article 9.21, I)LJBL,I(, ACCESS, of the Agreement dated October 21, 2015, shall be
revised as follows with the aforementioned Consultant referred to herein also as Contractor" for
this provision only:
Article 9.21 Public Records Compliance. Contractor must comply with I'lorida public
records laws, including but not limited to Chapter 119, Horida Statutes and Section 24 of article
I of the Constitution of I"lorida. The (.,otuity and Contractor shall allow and permit reasonale
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 COLHIty and Contractor in coqjunction with this contract
and related to contract Performance. The (70LInty shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. l-'ailure, of' the Contractor to abide by
the terms of this provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of as court proceeding and shall, as a prevailing
party, be entitled to reimbursement of all attorney's Fees and costs associated with that
procceding. This, provision shall survive any termination or expiration ofthe contract.
1'he Contractor is encouraged to Consult With its advisors about F'Iorida Public Records Lmv in
order to cornply with this provision.
Pursuant to Fla.Stat. Sec. 119.0701 and the terms and conditions oaf` this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from flic-,(,punty's custodian of" records, provide the County with_a,
copy of the requested records or allow the records to be inspected or copied within as
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 pubhc
records disclosure requirements are not disclosed except as, authorized by law for the
duration of the contract term and following completion of the contract it' the contractor
does not transfer the records to the County,
(4) Upon completion of the contract, transfer, er, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perforni the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt From public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements For
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retaining public records. All records stored electronically must be provided to the County,
upon request frorn the, County's custodian ofrecords, in as forniat that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to as Clounly contract must be
made directly to the County, but if the (.,ounly does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
Ifthe Contractor does not comply with the County's request for records, the aunty shall enforce
the public records contract provisions in accordance with the contract, norwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails, to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties, under Section
11 910, Florida Statutes.
"The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public, records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRAcrOR HAS QUESTIONS REGARDING THE
APPLICATION , OF CHAPTER 119, FLORIDA s'rATUTES, TO THE
CONTRACT'ORIS DUTY TO, PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRI[AN BRADLEY AT, 1) "ONE# 305-292-3470 BRADLEY-
BRIANk-)MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE II It 12""",-Street, SUITE 408,... KEY WEST., FL
33040.
2. Article IX, Paragraph 9.5 eat` the Agreement, is hereby amended to include the following,
Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is
also referred to herein as "Contractor" for the Fedenal Required provisions:
9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the C70UNTY shall have the right to terminate this Agreement after five (51)
days' written notification to the CONTRAC"TOR,
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days" written notice of its intention tea do so.
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C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. "I"he COUNTY may also
terminate this Agreement for cause with ( I ONTRACITOR should CONTRAcrOR fail to
perform (lie covenants herein contained at the time and in the manner herein provided. In
the event of such termination, prior to termination, the COUNTY shall provide
CONTRACTOR with rive (5) calendar days' notice and provide the CONTRACTOR
with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. I ft heC, OU N'FY term i n ates, this Agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the SUrn due the
CONTRAC"TOR under this Agreement prior to termination, Lin less, the Cost Of completion
to the COUN"ry exceeds the Funds remaining in the contract; however, the COUNTY
reserves (lie right to assert and seek all offset for damages caused by the breach. The
triaxitnurn amount due to CONTRACTOR, shall riot 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 a claim for violation of the County's False Claims
Ordinance, located at Section 2-72 1 et al. ofthe Monroe County Code.
D. Termination for Convenience: "File COUNTY may terminate this Agreement for
convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CON'FRA(,','TOR the sum due tile (,',ON'I'RA( TOR tinder this Agreement prior to
termination, unless the cost of completion to, the COUNTY exceeds the funds remaining
in the contract. T'he maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. fit addition, the COUN'T'Y reserves all rights available
to recoup, monies paid Linder this Agreement, including the right to sue for breach of
contract and including tile right to pursue a claim for violation of tile County's False
-t. IX, Section 2-721 ewt-al,,of tile Monroe County Code.
Ordinance, located at Ai
3. Article IX, Paragraph 9.17 of the Agreement, is hereby amended to include the following
Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is
also referred to as, "Contractor" for the Federal Required provisions:
9.17 NONDISCRIMINATION/EQI,JALEMPI,OYMENTOPPORI'()NITY
A. COI' 'T'RAC"FOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
,jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action of the part ref any party, effective the date of tile court order.
CONTRA( "FOR or COUNTY agrees to comply with all Federal and Horida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. 'I"his include but are not
limited to: 1) Title III, of the Civil Rights Act of 1964 (PL 88-) which prohibits
discrimination oil tile basis of race, color or national origin; 2) Title IX of the Education
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Amendment of 1972, as amended (20 USC ss. 1681-1683, and 168-168,6), which
prohibits discrinlination on the basis of'sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 (JSC s. 794), which prollibits discrimination oil 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 ) The Drug Abuse Office and
Treatment Act of 1972 (PL, 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) 'file Comprehensive Alcohol Abuse and Alcoholism Prevention,
'Freatnient and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of' 1912, ss. 23 and 527 ('42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8)'Fitle "III of Civil
Rights Act of 1968 (42 USC s, et sect.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to th-ne, relating to nondiscrimination
of the basis or disability; 10) Monroe COLUIty Code (" hapter 14, Article 11, which
prohibits discrimination oil the basis, ofrace, color, sex, religion, national origin, ancestry,
sexual orientation, gender identify, 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.
During the performance of this Agreement, tile CONTRACTOR, in accordance with
Equtil EmlVQynient 01,y)orluniq, (30 Fed. Reg. 12319, 12935, 3 C ' J`.R. Part, 1964-1965
Cornp., p. 339) as amended by Executive Order I 1375,4inentfixe ng Ecutive Or(Jer 11246
Reloting to Equeil Emj*�yntenl Qpl�ortuniil,, and iniplenlenting regulations at 41 CYK
Part 60 (Office of Federal Contract Compliance Programs, Equal F'rnployrnent
Opportunity, Department of Labor), she 2 C.F.R. Part 200, Appendix 11, 1[ C, agrees as
follows.
II-.-.I),,.-,-.,The CONTRACTOR will not discriminate against,any-employce or applicant
for employment because of' race, color, religion, sex, sexual orientation,
gender i(Ictitity, or national origin. The CONTRACTOR will take affirmative
action to ensure that applicants are employed, and that employees are treated
equally during employment, without regard to their race, color, religion, sex,
SCXUal orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: l"rnploynient, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay, or other fornis, of compensation; and selection for
training., including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places, available to, employees and applicants for employment,
notices to be provided by the contracting officer setting Birth the provisions of
this nondiscrimination clause.
2 The CONTRACTOR will, in all solicitations or advertisements for employees
I
placed by or on behalf of the CONTRACTOR, state that all qualified
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applicants will receive consideration for employment without regard to race,
color, religion, SCX,, Sexual orientation, gender identity, , or national origin,
3) 'Fhe CONTRACTOR 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, ']"his 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 01' Such
employee's essential Job functions, discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access, to
such int'orrnation, 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 consistent with the
CONTRACTOR'S legal duty to Furnish information.
4) The CONTRA(:""FOR will send to each labor union or representative of
workers with which it 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 ONTRACTOR'S
conunitinents under section 202 of Executive Order 11246 ofSepternber 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) T'he CONTRACTI'OR will comply with all provisions, of Executive Order
11246 of Septeniber 24, 1965, and of (lie rules, regulations, and relevant
orders of the Secretary of Labor.
6) The CONJAACTOR will furnish all information and reports required by
Executive Order 11246 ot'Septeinber 24, 1965, and by the rules, regulations,
and orders -,ot the Secretary of Labor, or pursuant thereto, and wilt-perinit
access to-hLLbooks, records, and accounts by the contracting agency -and the
Secretary of Labor for purposes of investigation to ascertain conipliance with
such rules, regulations, and orders.
7) In the event of the CONTRACTOR'S non-compliance with the
nondiscrimination clauses of this contract or Nvith any of such rules,
NgUlations, or orders, this contract may be canceled, terminated, or suspended
in whole or in pail and the ONFRAC"I'OR may be declared ineligible for
further (3overnment 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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4. Article IX, Paragraph 9.29 ofthe Agreement, is hereby amended to include tile following
Federal Required (..'ontract Provisions, if applicable, wherein the aforementioned "Consultant" is
also referred to as "Contractor"' for the Federal Required provisions:
9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
AND OBLIGATION
It is the policy ofthe COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended,
shall have tile opportunity to participate in tile performance of contracts financed in
whole or in part with COUNTY funds under this Agreement. J'he D1311: requirements of
applicable 1ederal and state laws and regulations apply to this Agreement. The C(,)(..)N'FY
and its COWRACTOR agree to ensure that D131,"s have the opportunity to participate in
tile 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 tile OppOrItUnity to compete for and perform
contracts, including but not limited to 2 C.FK §200.321 , The COIJNTY and the
CONTRACTOR 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. CONTRACTING WITH SMAIJ, AND MINORITY BUSINESSES,
WOM ENS BUSINESS ENTE RPR IS LIS' ANI) LAB(.)L.RS J RP �L LJ S AR F.A .11RMS'
a, If the CONTRACTOR, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 GFR. §200.321, tile
CONI "RACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever
possible:
i, Placing qualified small and minority businesses and women's
business enterprises on solic.itatimi, lists;
i i. Assuring thatsmalland minority businesses, and women*s
business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maxitnuill participation by small and rninority
businesses, and wonnen's business enterprises;
iv. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and women's
business enterprises,;
V. Using services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business Development
Agency of the Department ofon-unerce.
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5. The Agreement is, hereby amended to include the following identified as Article IX,
Paragraphs 9,30, 9.31, and 9.32, Federal Contract Requirements, wherein the aforementioned
"Consultant" is also referred to as "Contractor" for the Federal Required provisions:
9.30 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its sub -contractors must follow the provisions as set forth in 2
C.F.R. §20O.326 C ontract provisions and Appendix It to Part 200, as amended, including
but not limited to:
9.30.1 Clean Air Act and the Federal Water POHLItion Control Act. CONTRAC"I"OR
agrees tca comply with all applicable standards, orders, or regulations issued Pursuant to
the Clean Air Act (42 I.J.S.C. 7401-767]q) and the Federal Watcr Pollution Control Act
as amended (33 U.S.C. 125 1-1387) and will report violations toFEMA and the Regional
Office of U,"nvironniental Protection Agency (EPA),
9.30.2 Davis -Bacon Act, as aniendL When required by Federal
program legislation. which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security (3rant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,0001 awarded by non -
Federal entities must comply with the Davis -Bacon Act (40 US,(% 3 1413144 and 3146-
3148) as Supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards P,rovisions, Applicable to Contracts (" 'overing Federally Financed and Assisted
Construction",). In accordance xvith the statute, CONTRACTORS niust be required to pay
wages to laborers and mechanics at a rate not less than time prevailing wages specified in a
waged (ermmmination made by the Secretary of I,gj,0() R rjp additiort, CON''ll-ACTORS must
be required to pay wages not less than once a,-wcgk-lf applicable, the CO,LJNTY must
place a copy of the current prevailing wage determination issued by time Department of
Labor in each solicitation. "I'lic, decision to award as contract or subcontract must be
conditioned upon the acceptance of the wage determination, The COUNTY must report
all suspected or reported violations tat the Federal awarding agency. When required by
['ecleral prograrn legislation, which includes emergency Management Preparedness Grant
Program, Florneland Security Grant Program, Nonprofit Security Grant program. 'T'ribal
Homeland Security (Irant Programme, Port Security Grant Program and Transit Security
Grant program (it does not apply to other FTIMA grant and cooperative agreement
programs, including the Public Assistance Program), the CONTRA(,TORS must also
comply with the Copeland "Atli i-K ickback" Act (40 U,S.C, 3145), as supplernented by
Department of Labor regulations (29 CFR part 3, "Contractors and 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, cacti CONTRACTOR or subrecipient is
prohibited frorn inducing, by any means, any person employed in the construction,
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completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. 'file O'.)UNTY inust report all Suspected or reported
violations to the Federal awarding agency. The CONTRACTOR shall comply with 18
U.S.C, § 874, 40 US.C. § 3145, and the requirements of 29 CA,"K pt, 3 as may be
applicable, which are incorporated by reference into this contract.
i)� Subcontracts. The CONTRAC'FOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the Fl.-'.,MA 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
con tract c I auses,
ii) 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.1'K § 5. 12.
9.30.3 Contract Work Hours and Safiety Standards Act (40 USG 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the eniploynient
of mechanics or laborers must comply with 40 US.(,7, 3702 and 3704, as Supplemented
by Department of Labor regulations (29 CUR Part 5). Under 40 LJ&C. 3,702 of the Act,
each CONTRACTOR must compute the wages of every rnechanic and taborer oil the
basis ol'a standard work week of forty (40) hours. Work in excess of tile standard work
week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in
the work week. The requirements of40 USC, 3704 are applicable to construction work
and provide that no laborer or mechanic inust be required to work in surroundings or
-Pin ,dq vvcrarking anoitiotas . which are unsanitary, hazgpdpjjs�, or, dangerous., These
not apply, to, the purchases of supplies ar.
available oil the open market, or contracts for transportation or transmission of
intelligence.
9.30.4 Rights to InventionsMade Under a Contract or AgrggmiLrA. If the Federal award
meets the definition of'"funding agreement" under 37 CIF R §401.2 (a) and the recipient or
subrecipient wishes to enter into as contract with as small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFI Part 40 1, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7
I Packet Pg. 506 1
9.30.5 Clean Air Act (42 U.S.C. 7401-7671q.), Water Pollution Control.Act (33 U&C,.
175 1 - -1.3871 as amended. Contracts and subgrants ofarnounts in excess ()I'$l 50,000 must
comply with all applicable standards, orders, or regulations issued pursuant to the C.lean
Air Act ( 1 42 U.S.C, � 7401-7671 q) and the Federal Water Pollution Control Act as amended
(33 (..).S.C. 125 1-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environnicrual protection Agency (ETA).
9.30.6 Debarment and Suspension 0"xecutive Orders 12549 and ..11089 . A contract
award (see 2 ('T'R 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2, CFR 180 that implement [`xcculive Orders 125,49 (3 CTR part 1986
Corrip., p,. 189) and 12689 (3 CFR part 1989 Cornp., p. 235), -Debarment and
Suspension," SAN/I I�xclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible Linder statutory or
regulatory tuathrarity other than Executive Order 12549.
9.30.7 yid AnC Lobb in -, Amencnp nt.j.-35�1 u---j -6-- m D_t!- - -L tNTRACTORS 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 his not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of (,`,ongress, officer or employee ofCongress, or an
employee ofa member ofCongress in connection with obtaining any l"ederal contract,
grant or any other award covered by 31 U,S.C. 1352. Each tier must also disclose any
lobbying with non-l"ederal funds that takes place in connection with obtaining any
1'ederal award. Such clisclOSUrcs are forwarded from tier to tier up to tile non -Federal
award,
9.30.8 materials
in-2-CMA, §
200,322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal
....... . .....
Act, as amendment by tile Resource Conservation and Recovery Act, The requirements
of Section 6002 include procuring only items designed in guidelines of the
f',`nvironmental Protection Agency (FT A at 40 CI)R part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a, satisfactory
level oaf` competition, where the purchase price cal' the item exceeds $110,000 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 resource
recovery-, and establishing an affirmative procurement program for procurement of
recovered materials identified in the FTA guidelines. (1) In the perl"ortnance of this
contract, the CONI I RACTOR shall make maximum use oaf' products containing recovered
materials that are EPA -designated items unless the product cannot be acquired (i)
Competitively within a timefrarne providing for compliance with tile contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a
IIE
I Packet Pg. 507 1
reasonable price. (2) Information about this requirement, along with the list of EPA -
designated items, is available at EPA's Comprehensive Procurenictit Guidelines web site,
littps://www,epa.gov/smni/coniprehetisi,ve-proctli�eiiieiit-gLii(leiiiie-cpg-pi-ogram.
9.30.9 .americans with Disabilities Act of 1229 ... (Aj2AI._ as amended. The
CONTRACTOR will comply with all tile requirements as imposed by time ADA, the
regulations of time Federal government issued thereunder, and the assurance by the
CONTRAc,rOR pursuant thereto.
9.30.10 "The CONTRACTOR shall utilize the U.S. Department of Homeland Security's
F-Verify system to verify the employment eligibility of all new employees hired by time
CONTRACTOR during the term of the Contract and shall expressly require ally
Subcontractors performing work or providing services pursuant to tile Contract to
likewise utilize the US, Department of Homeland Security's I'L-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the
Contract term,
9.30.1.1 Fraud and False or Fraudulent or Related Acts, The CONTRAC"FOR
acknowledges that 31 U.S.C, Chap, 38 (Administrative Remedies for False Claims and
Statements) applies to the C7ONTRACTOR'S actions pertaining to this contract.
9.30.12, Access to Records. The following access to records requirements apply to this
contract'
(1) The CONTRACTOR agrees to provide MONROE C'OUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are, directly pertinent to this contract for the purposes of making
audits, examinatio)'risexcerpts, and transcriptions.
(2) The CONIA-A,(440R agrees to, permit any of the foregoing partie"(t-feproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed,
(3) 'rhe CONTRACTOR agrees to provide the FEMA Administrator or his
authorized representatives access t) construction or other work sites pertaining to the
work being completed under time contract,
9.30.13 Federal Government not a j)art y to contract. CONTRACTOR acknowledges that
the Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non -Federal entity, contractor, or ally other party pertaining to any
matter resulting from time contract,
9.30.14 Qrtrqent of Homeland Security (DIIS) Seal, 'file
CONI'RACFOR shall not use the DIIS scal(s), logos, crests, or reproductions of flags or
likenesses of DIIS agency officials without specific FFINA pre -approval.
11
I Packet Pg. 508 1
9.30.15 Cortioliance with 1'ederal Law. Reaulations. and 1,Xect,ltive Order. This is an
acknowledgement that I-EMA financial assistance will be used to fund the contract only.
The CONTRACT(* will comply will all applicable federal law, regulations, executive
orders, FEMA policies, Procedures, and directives.
9.31 The CONTRACTOR is bound by the terms, and conditions of the I`edera I I y- l'u tided
Subaward and Grant Agreement between (", "ounly and the Florida Division of E'rnergency
Management (Division).
9.32 The CONTRAcrolk shall hold the Division and County harniless against all claims of`
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extend allow and required by law,
6. The Agreement is hereby amended to include the following identified as Article IX,
Paragraph 9.33, Time for Performance/Baseline Schedule/Cost l"I'stiniates:
9.33 'TIME FOR PERFORMANCE/BASEIANE SCHEDULE / COST ESTIMATES
Time is considered of the essence in the performance of the services required by this Agreement
and defined in the scope of work.
I he CONSULTANT will be Prepared to cornmence work upon receiving a Notice to Proceed
frorn the COIJNTY and to complete all functions in accordance with the schedule and delivery
requirements outlined in the "Baseline Schedule Cost Estimates" special provisions and
specifications included below-,
9.33.1 SCHEDULING REQUIREMENTS
I, Baseline Schedule
1.1 A baseline project schedule indicating the preconstruction activities to be
monitored and the anticipated completion dates for milestones are included in
Section 3.1.
2. Monthly Schedule Update
2.1 The CONSULTANT will report detailed input and schedule updates ort all
preconstruction activities in accordance with the Baseline Schedule on a monthly
basis. All preconstruction activities must be addressed each month even if there is
M
I Packet Pg. 509 1
no change in status, Following the Notice to Proceed, this report will be
considered due to tile COUNTY on or before the fifth (5th) day ofeach nlonth,
2.2 A brief' narrative describing scheduled milestones with the status for each and a
projection of milestone activities anticipated for the next sixty (60) days will be
included in the report.
2.3 In the event that milestone dates are compromised for ally reason, tile
(,'(.)NSI.J LTAM will participate in a schedule review and assessment with the
('0UNTY and the results Nvill be incorporated into tile report, Tile schedule
revie", and asseSSITlent may include, but is not limited to, a detailed critical path
analysis, consideration of potential delays, development of' recovery plans,
reporting recovery activities which are underway, assessing the impact of delays,
and developing plans for schedule recovery.
2A 'Flie WUNTY will evaluate the schedule review and assessment results as
reported by tile CONSULTANT to, determine if adequate provisions are proposed
to enable the pro.ject to progress in accordance with the Baseline Schedule. If it is
determined that an adjustnient to the Baseline Schedule is warranted and if the
delays are not directly attributed to the operations and/or protect management
practices of tile (X.)NSULTANT' as required by this Contract, (fie ('0L)NTY may
grant an appropriate extension of tinge to complete all or any phase of the Nvor,k.
The 01ASUL"TANT will incorporate recommendations for Such time extensions
into the nionthly schedule Update report.
2.5 The COLWFY reserves tile right, but does not assume tile obligation, to intercede
Ott any time should the CONSUt, ANL,f`aij to demonstrate tile ability to progress
thv-,prqjcc1 in accordance witli--the.- milestoric dato—olablisfied in the Baseline
Schedule. Such action oil the part of the CONSULTAN'l shall be considered non-
performance and the COLJN,ry shall have all rights to seek remuneration and
other damages as provided f*or in this Agreement and the laws of' the State of'
Florida,
3. Prqject Development Process
3.1 Ilreconstruction aCtiVitiCS Should at a rninirnurn include the following elements as
applicabl,e.
. . .... .. . . . . ......... .......................... . .... . .....
PROJECT DEVFJ.,OPMENT PROCESS
IN
I Packet Pg. 510 1
"Fask Name Milestone Connnients,
Datc
C o n t
. . ........... ..... .
Issue Notice to Proceed
Programming and L)esigp Phase
.... ........... .. ... ........
Submit l"inal BOD and OPR
. . ................ . .......
130(',,(".'! Applojyqj_2fIa'ro �rrnrning Document
Conduct Site Plan Meetin
9---- . ........ ... . . ........
Submit Site Plan for App:qval
Receive Site Plan
2�pp!yved S�hematic Desi Documents
- - — VI . . . . ......
Approved I c�s�eMvelo ent I
20
raved 60% Construction Documents
R 2 1). . . ....... .... ......
... Affrcwed 90% Construction Documents — — - - - — ----- — -- ------- -- ------------------- -
_2�aroved 100% Construction DOCLUTIents
. . . ..... ....
Bid and:
Permit Phase
........... ......... ... .. .. ..........
roved building Permits
— - — -- ----- - - - ------------- Posting of Notice of Request for Competitive
Solicitation
. . .................. ....
. . . .. ... . .. ...... Conduct Pre -Bid I
. . .......... .. . . ............
Bid 0pe!]!jn.a_,,
... l OCC rovat ofConstruction Contract
. . .. . . ............ Issue Notice C to Proceed to onstruction Contractor
. . . . . ..............
Construction Phase
Conduct Pre -Construction Meet] ---- - ------- . . . ....
Obtain SUbslantiaLL,ompletit�r . ......... .......
Obtain Final Completion
Process Final ('IOSeOUt DOCUrnents
------------
12 The duration of the Contract should extend through the issuance of Notice to
Proceed to the construction contractor as part of the normal protect development
process.
9.33.2 COST ESTIMATING REQUIREMENTS
LI Baseline Cost Estimates
1.1,1 Following the Notice to Proceed for this Contract, the CONS ULA"ANT will
review the existing project cost estimate for the project and submit a written
confirmation and/or recommendations for an), refinements, changes, and revisions
to the COUNAY The COUNTY will consider any project cost estimate
recommendations and issue a final Baseline (:"east Estimate.
14
I Packet Pg. 511 1
I
2. 1 Cost Estimate Updates.
2. 1 , I The CONS'(.,)[-'I"AN'F will update the Baseline Cost Estimate with 30%
completion, 60% completion, 90% completion, (lie completion of the final design
effort, and after any significant changes in the scope of the project as defined in
this Contract,
.1. In the event that the Baseline Schedule is suspended or delayed ill any inallner,
additional updates of the Baseline Cost Estimate will be required at six (6) month
intervals as long as this Contract remains in efrect. "I"he COI JNTY may suspend
this requirement by issuing a written notice to the CON SUL'I"ANT.
7. All other ternis and conditions of. the Consultant Agreement for ProlIcssional
Architectural and F"rigincering Services dated October 21, 2015, shall remain in full force and
effect,
IN WI'l"'Nf`,,SS W1-1ERE01", each party has caused this First Amendment to be executed by its
duly authorized representative oil the day and year first above written.
(SEAL)
AL)
Attest: KEVIN MADOK, Clerk
By,
D e p) "tvy Clem
r k
Date: o q . t C( - I b
Attest:
SS8 t (,)Sulta
Trim' Name Date
>:
Mint N
I
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B y:
Isla hairnian,
Date UL4. 161 A t
F R,ALEMAMANUASSOCIATES, INC.
By:
Print Name Date
Title: 1,L(,u . . ........
MONROE COUNTY A17OHNEY'S OFFICE
A PPPOVED AS gO! F P
PATMCIA EASLES
Y
AiSiSISTANT COUNT ANEY
15 PAM
I Packet Pg. 512 1
INSAIRED
10
FRALEMA-01
DATE IMM,01YYYYY)
CERTIFICATE OFLIABILITY INSURANCE
....... ...
11"Ba1.a 11'a.-t.irriez
Consultants FixI.-m- -
(AIC, (305) 596-0600 Ivc ov�( 270-1657
F R Aloman & Associates Inc
10306 NW 41st Street
Sts#200
Miami, FL 33178
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE IN NAMED ABOVE FOR TIRE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM' OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLIC IES DESCRWED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION'S AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS
TYPE OF INSURANCE
COMMERCIAL GENERAL LL481LITY
�CLMMS-KADE 1Dx OCCUR
1, Ai' sGREgATE DIM11 I'APIPLIES PER
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EMPLOYEAV LIABILITY
ANY PROPMETORWARTNERIEXECU11W
I Q E Xk, A, I i D E D' 171
N � A
00011018 N 04/0112019 Per Occurrence
LOCATIONS I VEMCLES (ACORO 101, Addklowimi RanwrUs fthedutv, awy be attached "aw" apace is rvqWmd)
as an Additional Insured:
Monroe County Project Management
1100 Simonton Street
Room 2-216
Key West, Fl. 33040
Ma"roo County BOCC
11100 Simonton Street
Room 2-216
Key Wot,, Fl. 33040
''1 1: 1,
pig I:
Id,
(0 1988-2015 ACORDCORPORATION. All rights reserved,
alrywo-TI-w mr. m1mr.1r.r. wrnm. r= I r'"Tin. fit*=
Packet Pg. 513 I
C.15.c
AGREEMENT FOR
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
This Agreement ("Agreement") made and entered into this 215' day of October. 2015 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
AND
F R Aleman and Associates Inc., whose address is 1030 NW 41st St, Suite 200 moral FI
33178 its successors and assigns, hereinafter referred to as "CONSULTANT",
W ITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT pursuant to section, 287.055(2)(g) Florida Statutes, for various County Projects
located in Monroe County, Florida and;
WHEREAS, the employment of the CONSULTANT serves the appropriate public purpose
of providing professional engineering and surveying services to Monroe County; and
WHEREAS, CONSULTANT has agreed to provide professional engineering and surveying 4),
it
services for work of a specified nature as outlined in the scope of basic services described in
Article Two of this contract and to be additionally specified in each individualized task order (n
required by the COUNTY in which the estimated construction costs of each individual project under
the contract does not exceed $100,000.00 or for each individual study activity where the fee for
professional services under the contract do not exceed $10,000.00 per task order.
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain a specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each individual Task Order, except to
the extent expressly modified by the Task Order. 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.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
Packet Pg. 514
C.15.c
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
FORD OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT's duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating 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.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 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.
z
Packet Pg. 515
C.15.c
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
The CONSULTANT will perform for the COUNTY services as described below in sections 2.1.1.,
2.1.2, and 2.1.3 and in individual task orders in accordance with the requirement outlined in the
Agreement and the specific Task Order. CONSULTANT shall commence work on the services
provided for in this Agreement promptly upon his receipt of a written notice to proceed from the
COUNTY.
2.1.1 REQUIREMENTS
All services shall be performed in compliance with industry standards and all federal, state, and
local laws, ordinances, and regulations including Environmental Protection Agency(EPA), E
Occupational Safety and Health Administration(OSHA), American Standards for Testing and
Materials(ASTM), and Florida Building Code. The Services to be provided include but are not
limited to the following:
a. Evaluations, investigations, analysis, recommendations, cost and time estimates, testing,
reports, studies, designs, preparation of documents, filed inspections, and investigation.
b. Professional involvement throughout all phases of the project including but not limited to
development of programs, preparation of reports, periodic progress reports, meetings,
process of invoices, timely processing of project correspondence, contractors requests for
payment, and materials and equipment submittals.
c. Other types of professional services and nonprofessional services of a nature consistent
with the intent of the contract as so directed by Monroe County.
2.1.2 SERVICES
Over the life of this contract, it is expected that Monroe County will require various services such as
the following(inclusions of any number of these services and their priority will be established by
each individual task order):
a. Surveying Field investigations, site plans, record plats, AutoCAD, limited hydraulic
modeling, and all associated engineering work applied by a related task order,
b. Easement plat descriptions, surveys, negotiations, appraisals and acquisition services,
c. Preliminary Land Planning services including land use entitlements, permitting, and
wetlands and environmental assessments,
d. Geotechnical engineering related to the task order,
e. Utility locations using conventional GPS techniques.
f. Development and integrations of data into Monroe County's Geographic Information
System, including surveys of existing and new facilities,
g. Design of repairs to existing county systems and facilities
h. Feasibility Studies and engineering economic analyses related to the task order, and
I. Peer review services
2.1.3 SPECIFIC REQUIREMENTS OF TASK ORDERS
Packet Pg. 516
C.15.c
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
a. The CONSULTANT shall be available for consultation with Monroe County staff on an "as -
needed" basis between 8:00am and 5:00pm Eastern Standard Time, Monday through
Friday.
b. The CONSULTANT shall be required to respond to the task order requests upon
communication with Monroe County Staff within 48 hours upon initial notification. If the
CONSULTANT does not respond within 48 hours of the initial request Monroe County may
proceed to the next CONSULTANT for services.
c. The CONSULTANT will provide a written proposal in the form of a Proposed Task Order
consisting of anticipated total labor hours, a preliminary schedule, and project design team.
d. A Task Order should include at a minimum the following phases.
1. Preliminary Report Phase
2. Design Phase
3. Permitting Phase
4. Bidding Phase
5. Construction Phase
e. No compensation shall be paid to the CONSULTANT for the preparation and delivery of
Task Order Proposals.
f. Monroe County reserves the right to request additional information as determined
necessary prior to commencing negotiations for each 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 CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Mr. Doug Sposito
Director of Project Management
1100 Simonton St. Suite 2-216
Key West FL 33040
And: Mr. Roman Gastesi,
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Frank Paruas PSM
10305 NW 41s` St. Suite 200
Doral, FL 33178
Packet Pg. 517
C.15.c
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not Included in the Scope of Basic Services or on any
individual Task Order. Should the COUNTY require additional services they shall be paid
for by the COUNTY at rates or fees negotiated at the time when services are required, but
only if approved by the COUNTY before commencement.
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested additional services to the CONSULTANT. The CONSULTANT
shall respond with a fee proposal to perform the requested additional services. Only after
receiving an amendment to the Agreement and a notice to proceed from the COUNTY,
shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
CO' N "S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 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-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
Packet Pg. 518
C.15.c
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he shall indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers, employees and agents
harmless from and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)
costs or expenses that may be asserted against, initiated with respect to, or sustained by
the County and the COUNTY's elected and appointed officers and employees and the
property owner upon which the work is performed from liabilities damages, losses and
costs, including but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and
persons employed or utilized by the indemnifying party in the performance of the
construction contract. In the event that a court of -competent jurisdiction determines that the
provisions of F.S. 725.06 and/or F.S. 725.08 apply to this Agreement then, the
CONSULTANT shall Indemnify and hold harmless COUNTY, and the COUNTY's elected
and appointed officers, employees and agents only to the fullest extent authorized by said
statutes. The monetary limitation of liability under this contract shall be not less than $1
million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or it
ambiguity in the plans and specifications provided by the CONSULTANT, the (n
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY's behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT's failure to purchase or maintain the required
Insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY's behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
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NAME
FUNCTION
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 shall notify the COUNTY of the change immediately.
ARTICLE V11
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT's performance of this Agreement based on the hourly rates outlined in
Attachment B or as agreed upon lump sum fee, which will be defined in each specific task
order.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT's duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
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
CONSULTANT's invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
Reimbursable expenses are not allowable under this agreement unless specifically allowed
under separate Task Orders. Allowable Reimbursable expenses will be separately identified
in each task order and are subject to the maximum allowable contract amount. Travel
expense reimbursements are subject to the limitations of section 112.061, Florida Statutes
and Monroe County Codes.
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7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance
at all times that this Agreement is in effect. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the CONSULTANT's
failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify
the COUNTY from any and all 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 VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
it
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
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 $100,000.00 per Accident, $500,000.00
Disease, policy limits, $500,000.00 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with $50,000.00 per person, $100,000.00 per Occurrence, $25,000.00
Property Damage or $100,000.00 combined single limit.
D. Commercial general liability, Including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with a $300,000.00 Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Engineers Errors and Omissions Liability insurance of $250,000.00 per occurrence and
$500,000.00 annual aggregate. Recognizing that the work governed by this contract
involves the furnishing of advice or services of a professional nature, the Contractor
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 Contractor arising
out of work governed by this contract.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT's
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates In a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and It is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
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successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I -IX), the CONSULTANT's response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, all attachments, and
modifications made after execution of this Agreement by written amendment. In the event
of any conflict between any of the Contract documents, the one imposing the greater
burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
E
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
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CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsuitant 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
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that it
venue shall lie in the 16"' Judiclal Circuit, Monroe County, Florida, in the appropriate court (n
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any claim, 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, and shall
Include attorney's fees, and courts costs in appellate proceedings. The parties agree that
the COUNTY, at its sole option, shall have the sole authority for the direction of the defense
II
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of any claims, causes of action or other proceeding, shall have the authority in its sole
discretion to choose its attorney and shall be the sole judge of the acceptability of any
compromise or settlement of any claims or actions against the COUNTY.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties. �s
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation. 9
9.16 COOPERATION
In the event any administrative or legal proceeding is Instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
12
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the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
Inspection of, all documents, papers, letters or other materials in its possession or under its
13
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
The CONSULTANT is required under Chapter 119, Florida Statutes to:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the public agency in a format that is
compatible with the information technology systems of the public agency.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of section 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed 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.
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9.25 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or 06
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 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.
9.29 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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'WHEREOF, each party has caused this Agreement to be executed by Its duly
3presentative on the day and year first above written.
HEAVILIN, Clerk
By:
Deputy Clerk
Date: v;? o g �
(Seal)
Attest:
BY: I w
Title:f
Date: d
STATE OF FLORIDA
COUNTY OF_�
BOARD OF COUNTY COMMISSIONERS
OF fMONROE COUNTY, FLORIDA
CONSULTANT
FR Aleman and7Xit,(
, Inc.
By: Amazia I ,,ko, PE, PTOE
Title: Vice President
Date: 10/07/2015
On this day of 2015, before me ,the undersigned notary public, personally appeared, known
to me to be the person whose name is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above contract with Monroe County for
the purposes therein contained.
Notary Public
Print Name
My commission expires: 02-1121z()18 Seal
END OF AGREEMENT
Aoe Julia E. Boyce
.15 " FF092'2 7
Kmi .t/�/.-�'&Pirft FEEL 12, 2018
N'WMV.AARONNOTAR1Coom
16
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ATTACHMENT A
NOT USED
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ATTACHMENT "B"
PROPOSED PERSONNEL RATES - F.R. ALEMAN AND ASSOCIATES, INC.
MONROE COUNTY - Continuing Professional Engineering & Surveying Services
Basis of Pro osed Rates:
A. Actual Salary Rates
Consultant
FEID #
Overhead
FCCM
Op. Margin
Direct
Expenses
F. R. Aleman and Associates,
Inc.
59-2751524
158.12%
0.190%
30%
29.04%
Proposed
3.0%
Annual Date
of Increase:
December 31 rst
as
Annuallnflationar Rate;
G(irrent Rate
Escalated
Escalated
1 Escalated
Escalated
u-
Employee Name
Job Functio
017
Yvette A. Aleman, PE
Principal in Charge
$144.23
$14&56
$153.01
$157 60
$162,33
Fernando Gatell, PSM
QA/QC
$51,50
$53.05
$54.64
$56.28
$57.96
E
Frank Paruas, PSM
Project Manager
$40.00
$41.20
$42.44
$43.71
$45.02
�
Dennis Stanton
Sr. Utility Specialist
$50.60
$52.12
$53.68
$55 29
$56.95
Rita Timmens, PSM
Project Surveyor
$30.00
$30.90
$31.83
$32.78
$33.77
Carlos Cuenca
Surveying Intern
$35.00
$36.05
$37.13
$38.25
$39.39
Ivan Larrinaga
Field Supervisor
$27.50
$28.33
$29,17
$30.05
$30.95
06
Julio Delgado
CADD Tech
$21.00
$21.63
$22.28
$22.95
$23.64
W
Ana Perurena
CADD Tech
$19.50
$20.09
$20.69
$21.31
$21.95
'
Patricia Garcia P.
Technician
$12.50
$12.88
$13.26
$13.66
$14 07
E
�
Jaime Labrada
Party Chief
$22.00
$22.66
$23.34
$24.04
$24.76
CD
Luis Acosta
Party Chief
$20.00
$20.60
$21.22
$21,85
$22.51
Ahmed Machado
Jr. Party Chief
$17.00
$17.51
$18.04
$18.58
$19.13
2
Tony Cortes
Jr. Party Chief
$17.00
$17,51
$18.04
$18 58
$19.13
Sergio Truebas
Instrument Person
$12,50,
$12.88
$13.26
$13.66
$14.07
Juan Carlos Madrigal
Instrument Person
$12.00,
$12.36
$12.73
$13.11
$13�51
Ivan Marti Utility Locator $26.00 $26.78 $27.58 $28.41 $29.26
Antonio Diaz Utilty Technician $21.00 $21.63 $22.28 $22.95 $23.64
I hereby certify that the wage rates listed are the current actual wages paid to the respective
employees as of date.
Eva Francisco
Chief Financial Officer
Packet Pg. 531
C.15.c
C
THIN POLWAS OF INSURANCE O BROW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TEAS POLICYPffiIOO INDICATED. NOMMMST"ANDI NNB
m
ANY REOUN T, TRW OR CONUMN OF ANY COACT Oft OTHER OOCUMVNT WITH RESPECT TO WHICH THIS CWMCATE MAY BE lsweo on
MAY THE INS E AFFO 3Y THE OLSC O
PERTAIN.
isSCT To ALL THIN TERMS, EXCLUSIONS AND CONDITIONS OF SUCHGg
PO ICZ9 1.iM47S SHOWN MAY HAVE OEM RROUCED BY PAN)
CLAIMS.
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12/22/2014 12/31/2013 EACH R 1000000
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OWL OATe UMIT AFMAS� M.
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PRODUCTS • coMrior AGO 2000000
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0410112013 001011201E PIM OCCUARENCE 2,000,000
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as
AfoJMoZ COGIRTY AMC IN/ LIATID AS ADDITIOJIAZ ZMURNm. ANRs cozffx i UxXa BN;ORVTCEA CORMCT.
CEIRMCAT11
IOUW MY OF' THE AROVE OESCAIIIOD FOUCOO W CMCEUL I 9104M THE TIoO
DATE THE WouM UMuoo1 WNt &X4WVO4 TO MAD. 30 DAYNI vmrrim
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NOTWK TO THI CH MICATS HOLUM NAMM TO TUE UPT, wr FAIUM TO DO 90 SHALL
JMr , PL 33040
W M 44 No Q#UGATHM OR LL#A rTY OF ANY ARID UPON TM RdKWAL ITS ^418M OR
A'NTiIN�E.
AUTHOMM MPNXINTATIVE IA -A
ACORD 25 f 2001106) " „ O CORPORATION 19M
Packet Pg. 532
C.15.d
PRO
`. CERTIFICATE OF LIABILITY INSURANCE L DATE kk.
4/4/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ORDERINSURR(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
HUB International Florida NAME: Jackie Gonzalez
PHONE ---- —
777 SW 37th Avenue, Suite 500 A/c No Ext): 305-444-2324 FA Not. 305-444-4980
E-MAIL ---
Miami FL 33135 AbD"ES"_a�ckie.gonzalez@hubinternational.com
—...—.
INSURED FRALEMA-01
F.R. ALEMAN & ASSOCIATES INC
10305 NW 41 Street, Suite 200,
Miami, FL l
i
I
COVERAGES C1:I7TIclf`AT0 All IRMO co. nnn
,y�r—.,n�nvv wyCrwbt _ NAIC#
Ilied Property and Casualty Insurance Com�an 42579
ontinental Casual�Company 20443
ational Union Fire Insurance Company of Pittsburq 19445
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED
Mr-VIOIUIN NUMtitR:
TO THE INSURED
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
NAMED ABOVE FOR THE POLICY PERIOD
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED
HEREIN IS SUBJECT TO ALL THE TERMS,
INSR ._.—.......--- —._.. _._— ............ BY PAID CLAIMS.
R ...."
ADDL SUEICY EFF POLICY EXP
LTR TYPE OF INSURANCE POL---"--
iA INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY Y ACP BPOC 3059148867 12/31/2018 12/31/2019
CLAIMS -MADE � OCCUR
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED - —
PREMISES (Ea occurrence $ 300,000
--
-WED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
AGGREGATE LIMIT APPLIES PER:
LICY ] PE� El LOC
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
HER:
$
JAAUTOMOBILE
LIABILITY
Y
ACP BAZ 3059148867
12/31/2018
12/31/2019
COMBINED SINGLE LIMIT
$ 1,000,000
Y AUTOBODILY
INJURY (Per person)
$
WNED SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY AUTOS
X
HIRED X NON -OWNED
PROPERTY DAMAGE
Per accident)
---
$
_._
AUTOS ONLY AUTOS ONLY
$
C
— UMBRELLA LIAB X OCCUR
BE066419693
4/1/2019
4/1/2020
EACH OCCURRENCE
$ 3,000,000
EXCESS LIAB CLAIMS -MADE
—...
--
— - --- —"— -
AGGREGATE
$3,000,000
DED RETENTION $
WORKERS COMPENSATION
PER OTH-
$
AND EMPLOYERS' LIABILITY Y / N
STATUTE ER__
ANYPROPRI ETOR/PARTNER/EXECUTIVE
OFFICER/M EM BE R EXCLU DED? ❑
NIA
__
-"
E.L. EACH ACCIDENT
"-------
"--'
$
an a ory in NH)
If yes, describe under
E.L. DISEASE - EA EMPLOYEE
_.......____..........
$
E CRIPTION OF OPERATIONS below
_.......
B
Professional Liability
E.L. DISEASE -POLICY LIMIT
$
Retroactive Date: Full Prior Acts
AEH591928879
4/1/2019
4/1/2020
Each Occurence
2,000,000
Aggregate
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Monroe County BOCC is listed as additional insured on General Liability and Automobile Liability
coverage when required
conditions, and exclusions of the policy. A BY nlsf�hs N T
by written contract, subject to terms,
GATE L > a
WAIVER N/A� Y>R _
Monroe County BOCC
1100 Simonton Street Rm 2-216
Key West FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I
V I Ut56-ZU95 AGURD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Packet Pg. 533
C.15.e
oR0® CERTIFICATE OF LIABILITY INSURANCE DATE(P -
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE:
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER Libertate Insurance Services, LLC NAME: Libertate Insurance Services, LLC
707 East Washington Street (A/CPHONE Ext : 4076135475 A/C No): 4076135477
Orlando, FL 32801 1 E-MAIL
vww.libertateins.com
INSURED
F.R. Aleman & Associates, Inc
10305 NW 41st St, STE 200
Miami FL 33178
ADDRESS: info@Iibertateins.com
INSURER(S) AFFORDING COVERAGE
INSURERA: Imperium Insurance Company
INSURER B
INSURER C
INSURER D
INSURER E :
COVERAGES CERTIFICATE NUMBER: 48657670 REVISION NUMBER:
NAIC #
35408
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
DAMAGETORENTED
CLAIMS-MADE1:1 OCCUR
PREMISES Ea occurrence
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
POLICY ❑ PRO-
JECT LOC
❑
PRODUCTS - COMP/OP AGG
$
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLALIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LAB
CLAIMS -MADE
DED RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
IERD0100303601
5/12/2019
5/12/2020
�/ STATUTE OERH
E.L. EACH ACCIDENT
$1,000,000
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N/A
E.L. DISEASE - EA EMPLOYEE
$ 1 000 000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1 ,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
Monroe County BOCC
1100 Simonton Street Rm 2-216
Key West FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Paul R. Hughes
E.A.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 534
48657670 1 Imperium CO's I Felicia Vestal 15/14/2019 12:48:51 PM (EDT) I Page 1 of 1