02/19/2020 Agreementcou
p,,.�°°°`°°� Kevin Madok, CPA
4�e:
°�RaH�o��` Clerk of the Circuit Court &Comptroller —Monroe County, Florida
DATE: March 3, 2020
TO: Rich Jones, Sr. Administrator
Marine Resources
FROM: Pamela HancoC.
SUBJECT: February 19' BOCC Meetings
Attaclied is an electronic copy of the following item for your liandling:
I1 Contract for Coastal Systems International, Inc. to provide for conceptual
permitting for the Boca Chica mooring field.
Sliould you leave any questions, please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
AGREEMENT FOR CONSULTING SERVICES
REGARDING CONCEPTUAL PERMITTING FOR A PUBLIC MOORING FIELD IN BOCA CHICA
BASIN, MONROE COUNTY, FLORIDA
BETWEEN MONROE COUNTY, FLORIDA
AND COASTAL SYSTEMS INTERNATIONAL, INC.
THIS AGREEMENT (hereinafter."Agreement" or "Contract") is made and entered into this 19th day of
February, 2020, by Monroe County (hereinafter the "COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and COASTAL
SYSTEMS INTERNATIONAL, INC. (hereinafter "CONSULTANT" or "CONTRACTOR"), having a
principal place of business of 464 South Dixie Highway, Coral Gables, Florida 33146.
The COUNTY engages the CONSULTANT to assist the Monroe County Marine Resources Office in
conducting the Conceptual Permit application process with the Florida Department of Environmental
Protection ("FDEP"), including but not limited to preparation of a Conceptual Permit application (including
but not limited to engineering/design work, a draft mooring field management plan, public workshop(s),
and environmental permitting) in connection with a public mooring field in Boca Chica Basin, Monroe
County, Florida, and assisting in the proper and complete submission of a Conceptual Permit application
to the FDEP in connection with a public mooring field in Boca Chica Basin, Monroe County, Florida.
Section 1. Representations and Warranties
1.1 The CONSULTANT shall secure, maintain, and pay for any and all licenses, or other
authorizations necessary to act as CONSULTANT for the COUNTY until the CONSULTANT'S
duties hereunder have been satisfied. By signature hereon, the CONSULTANT warrants that
it is authorized by law to engage in the performance of the activities herein described, subject
to the terms and conditions set forth in these contract documents. Proof of such licenses and
approvals shall be submitted to the COUNTY upon request. The CONSULTANT has, and
shall maintain throughout the term of this Contract, all appropriate licenses, or other approvals
or authorizations required to conduct its business, and hereby represents that it will at all
times conduct its business activities hereunder in a reputable manner.
2 The CONSULTANT shall prepare all documentation required by this Contract in such a
manner that it/they will be accurate, coordinated, and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable law,
codes, and regulations. The CONSULTANT warrants that the documents prepared as part of
this Contract will be adequate and sufficient to document costs in a manner that meets the
COUNTY'S satisfaction, therefore eliminating any additional cost due to missing or incorrect
information.
1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its
performance and with regard to those directly under its employ or authority.
1.4 The CONSULTANT'S tasks shall be performed as expeditiously as is consistent with the
professional skill and care and the orderly progress of tasks assigned by the COUNTY. In
performing the work required under this Contract, the CONSULTANT shall abide by all
statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions, of such
tasks and activities, including those now in effect and hereafter adopted. Any violation of such
law(s) shall constitute a material breach of this Contract and shall entitle the COUNTY to
terminate this Contract immediately upon delivery of written notice of termination to the
CONSULTANT.
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1.5 At all times and for all purposes under this Contract the CONSULTANT is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONSULTANT or any of its employees, subcontractors,
servants, or agents to be employees of the COUNTY. As an independent contractor, the
CONSULTANT shall provide independent, professional judgment and comply with all federal,
state, and local statutes, ordinances, rules, and regulations applicable to the services to be
provided.
1.6 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
Contract or with the provision of services under this Contract.
1.7 The effective date of this Contract shall be the last day on which it is signed by both of the
parties.
1.8 Term of Contract. The term of the Contract shall be for eighteen (18) months, commencing
on this Contract's legal effective date and ending eighteen months after that date (up to and
including the last date of such period, unless such day is a Saturday, Sunday, or legal
holiday, in which case the last legally effective day of the Contract shall be the next day which
is not a Saturday, Sunday, or legal holiday).
1.9 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.
Section 2. SCOPE OF SERVICES. The CONSULTANT shall do, perform and carry out in a professional
and proper manner certain duties as described in the Scope of Services - Exhibit A - which is attached
hereto and made a part of this Contract as if fully stated herein.
Section 3. TIME OF COMPLETION. The services to be rendered by the CONSULTANT shall be
commenced upon the Contract's legal effective date and shall be completed in accordance with a
schedule directed by the COUNTY's Marine Resources Office to CONSULTANT.
Section 4. COUNTY'S RESPONSIBILITIES
4.1 The COUNTY'S ("Contract Manager") shall be the Monroe County Marine
Resources Office Senior Administrator, who has authority to (1) act on the
COUNTY'S behalf on all matters concerning the CONSULTANT'S work -product
contemplated by this Contract, and (2) to administer this Contract and monitor
compliance with all terms and conditions stated herein.
4.2 The COUNTY'S Contract Manager shall coordinate with CONSULTANT as
necessary for the CONSULTANT'S Performance of the tasks in Exhibit "A." The
COUNTY shall review submittals by CONSULTANT and provide prompt responses
to questions submitted thereto, in in order to minimize delay in the progress of the
CONSULTANT'S work -product contemplated herein.
Section 5. BUDGET/COMPENSATION
5.1 Budget. 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 budged for this Contract in the COUNTY's fiscal year
(October 1 - September 30) by the COUNTY'S Board of County Commissioners. The budgeted
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amount may only be modified by an affirmative act of the COUNTY'S Board of County
Commissioners. The COUNTY'S performance and obligation to pay under this Contract 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.
5.2 Compensation. The maximum compensation available to CONSULTANT under this Agreement is
based on the tasks detailed in the Scope of Services. The COUNTY agrees to pay CONSULTANT
based on completion of work within the Scope of Services according to the deliverables detailed in
the Scope of Services. Compensation shall be paid by specific assignment/engagement completed
which both falls under authorized Tasks 1 through 4 on Exhibit "A," and is/are deemed satisfactory
by the Contract Manager. Any additional services included in Tasks 1 through 4 on Exhibit "A" must
be authorized by the Board of County Commissioners. The total not -to -exceed cost for providing
the services contained in Tasks 1 through 4 is $39,000.
Section 6. PAYMENT TO CONSULTANT
6.1 Payments will be made according to the Local Government Prompt Payment Act. Any request for
payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in
detail the services performed and the payment amount requested. CONSULTANT must submit to
the COUNTY Contract Manager, who will review the request. The Contract Manager shall note
his/her approval on the request and forward it to the Clerk for payment. If request for payment is not
approved, the Contract Manager must inform CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request.
6.2 CONSULTANT shall submit, by U.S. Postal Service certified mail, or as otherwise agreed by the
COUNTY Contract Manager, when a lump sum task has been completed, an invoice by tasks as
detailed in the Scope of Services in the following form and address:
Monroe County Marine Resources Office
Subject: Invoice
Attn: Senior Administrator Ms. Celia Hitchins
2798 Overseas Highway, Marathon, Florida 33050
6.3 CONSULTANT shall submit such invoices for tasks that have been deemed completed in writing
by the Contract Manager, no later than fifteen (15) calendar days after each calendar month of
task(s) completed.
6.4 Any extension of this contract into the County's next fiscal year is contingent upon an annual
appropriation by Monroe County.
Section 7. INSURANCE.
7.1 The CONSULTANT shall obtain insurance and maintain the required insurance at all times that this
Contract is in effect. In the event the completion of authorizes work 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.
7.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this
Contract.
7.3 The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
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Watercraft Liability (WI-2) $1,000,000
Professional Liability $1,000,000 Combined Single Limit
Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not to be
associated with Longshoremen's Insurance) , the CONSULTANT'S Workers' Compensation Insurance Policy
shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not
less than $1 million. The CONSULTANT shall be permitted to provide Jones Act Coverage through a separate
Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been
provided by a Workers' Compensation policy.
The Monroe County Board of County Commissioners shall be named as Additional Insured and as a
Loss Payee on all policies issued to satisfy the above requirements.
The CONSULTANT shall maintain the insurance required by this Contract throughout the entire term of
the Contract and any extensions specified in the attached schedules. Failure to comply with these
provisions may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced.
The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required insurance:
s A Certificate of Insurance
and
• A certified copy of the actual insurance policy.
The CONSULTANT must provide a certified copy of the/its actual insurance policy or policies upon
request by the County, notwithstanding that the CONSULTANT may have already provided a Certificate
of Insurance.
7.9 Coverage shall be maintained throughout the entire term of the contract.
7.10 Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
7.11 If the CONSULTANT has been approved by the Florida Department of Labor as an authorized
self -insurer, the CONSULTANT may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the CONSULTANT'S Excess
Insurance Program.
7.12 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.
7.13 The CONSULTANT shall require its subcontractors to be adequately insured at least to the limits
prescribed above, and to any increased limits of the CONSULTANT if so required by the COUNTY
during the term of this Contract. The COUNTY will not pay for increased limits of insurance for
subcontractors.
7.14 The CONSULTANT shall provide to the COUNTY certificates of insurance and a copy of all
insurance policies including those naming the COUNTY as an additional insured and as a loss
payee. The COUNTY reserves the right to require a certified copy of such policies upon request.
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Section 8. INDEMNIFICATION AND HOLD HARMLESS
8.1 The CONSULTANT agrees to hold harmless the COUNTY and its officers and employees, from
liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands,
actions, costs, obligations, and attorney's fees, or liability of any kind, arising out of, related to, or in
connection with the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT,
subcontractor(s), and other persons employed or utilized by the CONSULTANT in the performance of
this Contract, or arising out of, related to, or in connection with the willful non-performance of the
CONSULTANT. The CONSULTANT shall be solely responsible and answerable for any and all
accidents or injuries to persons or property arising out of, related to, or in connection with its
performance of this Contract, including those of any subcontractor(s).
8.2 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 Contract. Should any claims be asserted
against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided
by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY
harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend
any claim or action on the COUNTY's behalf.
8.3 In the event completion of the work assigned (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 delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or
ambiguity in the plans and specifications provided by the COUNTY or CONSULTANT, the
CONSULTANT agrees and warrants that the CONSULTANT shall 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.
8.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays
or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of
the services specified in this Contract. The CONSULTANT agrees that it shall not be entitled to
damages for delay
8.5 The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project, and
shall correct at its expense all significant errors or omissions therein which may be disclosed. The
cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage
incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to
the CONSULTANT.
8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere in this Contract.
8.7 This hold harmless and indemnification shall survive the expiration or early termination of the
Contract.
Section 9. STAFFING
9.1 As staffing is of paramount importance to the timely and proper completion of this Contract, the
CONSULTANT shall provide services using the following standards, as a minimum requirement:
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(A) The CONSULTANT shall provide at its own expense all necessary personnel to provide the
services under this Agreement. The personnel shall not be employees of or have any contractual
relationship with the COUNTY.
All personnel engaged in performing services under this Agreement shall be fully qualified, and, if
required, to be authorized or permitted under Federal, State, and local laws to perform such
services.
Section 10. CONTRACT TERMINATION. The COUNTY may terminate this Contract for any reason,
with or without cause, upon fifteen (15) days written notice to CONSULTANT. Immediately after
receiving such notice, CONSULTANT shall immediately discontinue advancing the services
contemplated herein, and deliver all work -product (including but not limited to data, documents,
drawings, field survey notes, public records (as that term has been construed under Florida Statutes -
Chapter 119 (2019)), reports, etc.) to the COUNTY, whether unused, partially completed, or fully
completed. Compensation shall be paid to the CONSULTANT through the end of services performed and
provided to the COUNTY up to the date of termination.
Section 11. AUTHORIZATION OF WORK ASSIGNMENTS
11.1 All work assignments beyond or in addition to Scope of Services — Exhibit "A" must be
authorized in writing and approved by the Board of County Commissioners.
11.2 There may be additional instructions or provisions specific to the authorized work in the Scope of
Services for the purpose of clarifying certain aspects of this Contract pertinent to the work to be
undertaken. Such supplemental instruction or provisions shall not be construed as a modification of
this Agreement. Authorizations shall be dated and serially numbered.
11.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including,
but not without limitations, monies that may become due or monies that are due) this Contract or
subsequent Work Assignment without the written consent of the COUNTY, except to the extent that
any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to any assignment,
no assignment will release or discharge the assignor from any duty or responsibility under this
Agreement.
Section 12. NOTICES
All legal notices, requests and authorizations provided for herein shall be in a signed document and shall
be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service
with a signed receipt, to the addresses as follows:
To the COUNTY:
With a copy to:
Monroe County Marine Resources Office
Attn: Marine Resources Office Senior Administrator Celia Hitchins
Robert B. Shillinger, Monroe County Attorney
1111 12th Street
Key West, FL 33040
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464 South Dixie Highway,
Coral Gables, Florida 33146
Or addressed to either party at such other addresses as such party shall hereinafter furnish to the other
party in writing. Each such notice, request, or authorization shall be deemed to have been duly given
when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the
mails, registered, postage paid, return receipt requested.
The CONSULTANT is encouraged to consult with its advisors about Florida's public records laws in
order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and
conditions of this contract, the CONSULTANT is required to:
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Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONSULTANT does not transfer the
records to the COUNTY.
Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONSULTANT or keep and maintain public records that would be required by
the COUNTY to perform the service. If the CONSULTANT transfers all public records to the
COUNTY upon completion of the contract, the CONSULTANT shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. If
the CONSULTANT keeps and maintains public records upon completion of the Contract, the
CONSULTANT shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the COUNTY, upon request from the COUNTY's
custodian of records, in a format that is compatible with the information technology systems of the
COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY Contract must be made directly
to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall
immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the
records to the COUNTY or allow the records to be inspected or copied within a reasonable time.
If the CONSULTANT does not comply with the COUNTY's request for records, the COUNTY shall
enforce the Contract's maintenance of records and/or public access and public records compliance
provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon
violation of said provision(s) by the CONSULTANT. 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 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 306-292-3470 BRADLEY-
BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST FL 33040.
Section 15. Compliance with Law. In providing all services pursuant to this Contract, 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. The CONSUTLANT shall possess proper licenses to perform work in accordance
with these specifications throughout the term of this Agreement.
Section 16. Disclosure, Conflict of Interest, and Code of Ethics
IL The CONSULTANT represents that it, its directors, principals and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required by this Agreement, as provided in Section 112.311, et.
seq., Florida Statutes.
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Upon CONSULTANT of this Agreement, and thereafter as changes may require, the
CONSULTANT shall notify the COUNTY of any financial interest it may have in any and all
contracts with Monroe County.
The 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.
Section 17. Taxes. The COUNTY is exempt from payment of Florida State Sales and Use taxes. The
CONSULTANT shall not be exempted by virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this Agreement, nor is the CONSULTANT
authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The
CONSULTANT shall be responsible for any and all taxes, or payments of withholding, related to services
rendered under this Agreement.
Section 18. Financial Responsibility. The CONSULTANT shall not pledge the County's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness, The CONSULTANT further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
Section 19. Miscellaneous
19.1 Successors and Assigns. The CONSULTANT shall not assign or subcontract its obligations
under this Contract, except in writing and with the prior express written approval of the COUNTY
and consistent with the Contract, which approval shall be subject to such conditions and provisions
as the COUNTY 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 Contract. Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
19.2 No Third -Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
19.3 Negligence.
(A) In the event the CONSULTANT shall be found to be negligent in any aspect of the service or
work, the COUNTY shall have the right to terminate the Contract after five (5) days' written
notification to the CONSULTANT.
(B) The COUNTY may cancel this Contract without cause by giving the CONSULTANT sixty (60)
days' written notice of its intention to do so.
19A Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on contracts
to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
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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 Contract, CONSULTANT represents that the execution of this Contract will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Contract 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 subcontractor 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.
CONTRACTOR will/shall promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act defined as a
"public entity crime" or has been placed on the convicted vendor list.
19.5 Claims for Federal 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 Contract;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
19.6 Non -Discrimination. 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 Contract automatically terminates without any further
action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VI I 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 Contract.
19.7 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 Contract and that it has not paid or agreed to pay any person,
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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 Contract. For the breach or violation of the provision, the CONSULTANT agrees that the
COUNTY shall have the right to terminate this Contract 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.
19.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONSULTANT
warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY
officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10- 1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability
and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the
full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY
officer or employee.
19.9 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 Contract, and that only interest of each is to perform and receive benefits as
recited in this Contract.
19.10 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the
provisions as set forth in Appendix it to Part 200, as amended, including but not limited to:
19.11 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3
must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
19.12 Davis -Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The COUNTY must place a
copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
19.13 Contract Work Hours and Safety Standards Act (40 U.S.G. 3701-3708). Where applicable, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
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hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
19.14 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes
to enter into a contract with a small business firm or nonprofit organization regarding the substitution
of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
19.15 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of $150,000 must
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
19.16 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System
for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
19.17 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal award.
19.18 Procurement of recovered materials as set forth in 2 CFR § 200.322.
19.19 Other Federal Requirements.
19.20 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued thereunder,
and the assurance by the CONSULTANT pursuant thereto.
19.21 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 Contract. The DBE requirements of applicable federal and state laws and regulations apply to
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this Contract. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity
to participate in the performance of this Contract. 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
Contract.
19.22 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the CONSULTANT during the term of
the Contract and shall expressly require any subcontractors or subconsultants performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor or subconsultant during the Contract term.
19.23 NRCS Regulations. NRCS administers the EWP program through the following authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701 b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
a Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
Section 20. Non -Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONSULTANT and the COUNTY in this Contract 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.
Section 21. 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 Contract within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY.
Section 22. Legal Obligations and Responsibilities - Non -Delegation of Constitutional or Statutory
Duties. This Contract 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 Contract is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except
to the extent permitted by the Florida Constitution, state statute, and case law.
Section 23. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Contract or be subject to any personal liability or accountability by reason of the
execution of this Contract.
Section 24. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms,
or any of them, of this Contract 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
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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 Contract separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Contract.
Section 25. Governing Law, Venue, Interpretation, Costs and Fees. This Contract 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 Contract, COUNTY and CONSULTANT agree that
venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the
appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
Section 26. Attorney's Fees and Costs. The COUNTY and CONSULTANT agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses
in appellate proceedings.
Section 27. Adjudication of Disputes or Disagreements. The COUNTY and CONSULTANT agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If 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 Contract or by Florida law. This provision does not negate or waive the preceding
provisions of this Contract concerning termination or cancellation.
Section 28. Cooperation. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Contract, 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 Contract or provision
of the services under this Contract. COUNTY and CONSULTANT specifically agree that no party to this
Contract shall be required to enter into any arbitration proceedings related to this Contract.
Section 29. Severability. If any term, covenant, condition or provision of this Contract (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
Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Contract 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 Contract would prevent
the accomplishment of the original intent of this Contract. The COUNTY and CONSULTANT agree to
reform the Contract to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
Section 30. Attestations and Truth in Negotiation. The 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 Contract 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 Contract 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 Contract.
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Section 31. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants
that:
(A) The CONSULTANT'S name in this Agreement is its full name.
(B) He or she is authorized to act and contract on behalf of CONSULTANT.
Section 32. Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Contract have been duly authorized by all necessary and corporate action, as
required by law.
Section 33. Entire Agreement. This Agreement constitutes the entire Agreement between the County
and the CONSULTANT for the services contemplated herein. Any amendments or revisions to this
agreement must be in writing and be executed in the same manner as this Agreement.
Section 34. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind
and inure to the benefit of the COUNTY and CONSULTANT and subcontractors and their respective
legal representatives, successors, and assigns
Section 35. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Contract
and will not be used in the interpretation of any provision of this Contract.
Section 36. Execution in Counterparts. This Contract 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 Contract by signing any such
F�unterpart.
Irk Witness:VU ereof, the parties have executed this Contract as indicated below. p
i ~ N O
(SEAL) BOARD OF COUNTY COMMISSION RS,41-1
11 61t+'jAADOK, CLERK OF MONROE CO NTY, FLORIDA
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Deputy Clerk Mayor He t r C. a ther og� 0.0
By: _ L����i(Q� Signature. J 7 �'��, �. �Lv �0
Witness r"int ame)
By: C- ' Print Name and Title: 061 V \1 of 1 30..'m 0, Pj �5
Witness (Signature)
On behalf of: Coastal Systems International_
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STATE OF I- IL)YL0101
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COUNTY OF M 0 Al I -- � Ll�i
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The foregoing instrument was acknowledged and attested before me this 2; day of
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who is "mgnW.-
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l�:v?;'" DARLENE SANCHEZ-OSPINA
( MY COMMISSION # GG 011214
Notary Public Seal ,A
rat; EXPIRES: 31,2020
a Ah.vz- �` Bonded Thru Notary Public Undenvri4ers
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EXHIBIT "A"
SCOPE OF SERVICES
FOR CONCEPTUAL PERMITTING FOR THE BOCA CHICA BASIN MOORING FIELD
Coastal Systems International, Inc. (hereinafter "CONSULTANT", "CONTRACTOR", or "CSI") hereby
enters into a fixed -price, not -to -exceed contract with Monroe County (hereinafter "COUNTY") of $39,000,
to assist Monroe County in conducting the Conceptual Permit application process with the Florida
Department of Environmental Protection ("FDEP" or "DEP"), including but not limited to preparation of a
Conceptual Permit application (including but not limited to engineering/design work, a draft mooring field
management plan, public workshop(s), and environmental permitting) in connection with a public
mooring field in Boca Chica Basin, Monroe County, Florida, and assisting in the proper and complete
submission of a Conceptual Permit application to the FDEP in connection with a public mooring field in
Boca Chica Basin, Monroe County, Florida.
CONSULTANT'S duties and responsibilities to the COUNTY shall comprise the following tasks:
Pro'ect Obfective:
The objective of Conceptual Permitting for the proposed Boca Chica Basin Mooring Field is to provide for
progress to be made on the permitting of the proposed mooring field with the Florida DEP (which is the
primary permitting agency for a public water access facility) while Monroe County continues to pursue the
identification of a suitable shoreside property at which a shoreside access facility may be established.
Background:
The Conceptual Permitting for the proposed Boca Chica Basin Mooring Field builds on the (below
described) bodies of work previously conducted by Coastal Systems International (CSI).
The Monroe County Mooring Field Feasibility Study (May 2014) recognized anchoring impacts associated
with unmanaged anchorages throughout the Florida Keys. It was determined that the Boca Chica Basin
anchorage is a high priority site for development of a managed mooring field as a strategy to address
anchoring impacts, while at the same time providing much needed boating access facilities to serve both
local liveaboards and transient cruisers. The mooring field is not intended for vessel storage.
The Boca Chica Mooring Field Detailed Feasibility Study (July 2017) provided the initial groundwork for
development of the proposed mooring field by performing preliminary bathymetric and benthic resource
surveys, and development of a draft mooring field layout providing for up to forty moorings for vessels up
to 40ft in length. The nominal water depths, located throughout the currently used anchorage area
(proposed mooring field site) suggest that the proposed mooring field is suitable for shallow draft vessels.
At the time of the Detailed Feasibility Study, CSI evaluated Gulf Seafood as the potential location for a
shoreside facility to serve the mooring field, however that site is no longer available. Since that time, the
County has continued to look at alternate sites for establishing a shoreside facility.
In an effort to expedite the permitting process without yet having identified a shoreside facility (typically
required for submittal of mooring field permit applications), the County hired CSI in 2019 to explore
alternate permitting pathways. CSI determined that the Florida DEP provides for a rarely used `conceptual
permit' review and issuance in such circumstances. However, permitting of construction phase of the
mooring field cannot proceed until the shoreside facility is established and further work is completed. The
following Scope of Work is based on site data previously acquired, the preliminary mooring field
diagram/layout, and the recommended permitting pathway. CSI estimates the timeframe to secure a
conceptual permit to be 9-12 months.
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Scope of Work:
Task 1 - Engineering/Design Work:
a. Mooring System Design: Utilizing the preliminary mooring field design, slip mix and mooring
swing circle pattern/layout (previously prepared by CSI in the Boca Chica Mooring Field Detailed
Feasibility Study), CSI will calculate the geometry for the individual mooring systems for the
proposed vessel size ranges (i.e. 30'-40' length vessels). The mooring systems (including the
helical anchor, down -line, sub -surface buoy, mooring buoys and pennant) will be designed
accordingly. Anchoring calculations will be completed, evaluating the process loads based on
vessel size, wind, water depths and currents.
Deliverables - Mooring load calculations
Mooring system design drawings in pdf and CAD formats (if applicable)
(note- all engineering documents/drawings will be signed/sealed as applicable)
b. Mooring Field and Navigational Channel Design: CSI will re -design the west lobe of the mooring
field, shifting the N-S running navigational channel to the outside of the mooring field (i.e. western
side of the west lobe), in order to ensure appropriate access via marked channel for vessel ingress -
egress to the eastern shoreline of Stock Island. This re -alignment of the western navigational
channel will address concerns raised by DEP during conceptual design discussions regarding
accommodating local vessel traffic from the waterbody users. In association with the re -alignment,
CSI will verify that riparian rights of the properties on the eastern shoreline of Stock Island are not
infringed upon by the mooring field (via coordination with DEP regarding riparian right criteria and
regulations). CSI will further develop the mooring field design to provide for the boundary marker
layout and regulatory markers (which may be required by the Florida DEP or FWC). CSI will
prepare drawings identifying and labeling mooring circles, proposed (and adjacent existing)
navigational channels and markers, regulatory markers, any required boundary markers, approach
channels (aka ingress/egress channels), any corridors, and the 4' depth contours. CSI will
coordinate with County staff during revision of the applicable diagrams to ensure the mooring field
layout and design are satisfactory.
Deliverables - Mooring field drawings in pdf, CAD and G1S formats
c. Environmental Permit Sketches: Permit sketches of the mooring field design (Task 1 b.) and
mooring system design (Task 1 a.) for presentation and submittal to DEP (and other environmental
regulatory agencies) will be provided in sufficient detail.
Deliverables - Permit sketches on 8.5 x 11 and in . pdf format
Task 2 - Draft Mooring Field Management Plan:
CSI will prepare a draft Mooring Field Management Plan (MFMP) for submission to DEP (indicated
in Task 4 below). While the final MFMP will be included in the future construction permit application
phase (subsequent to the identification and establishment of the shoreside facility), the draft MFMP
will provide the framework for the proposed operation and use of the Boca Chica mooring field.
The draft MFMP will include all information required by DEP, which may include (but not limited to)
mooring field rules/regulations applying to vessel owners, operators and guests (e.g. vessel
condition and equipment requirements), use of moorings and mooring field, pumpout requirements,
prohibited activities, etc. The MFMP will describe the mooring field location, depth limitation on
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moorings (and describing use as a shallow -draft mooring field), resource avoidance signage,
harbor master duties, storm preparation plan, and anticipated details on the shoreside facility (e.g.
planned dinghy dockage, pumpout vessel dockage, pumpout facility, trash receptacles/recycling,
etc.). Sample signage diagrams (i.e. regulatory and informational) for the mooring field and
shoreside support facility will be included.
CSI will prepare a first Draft MFMP to the County for review and comment prior to the DEP pre -
application meeting. CSI will make revisions as necessary and provide the second Draft MFMP to
the County, and prepare for the DEP pre -application meeting. CSI will provide comments from the
DEP pre -application meeting to the County, and prepare a final Draft MFMP, based on County final
review and comment. CSI will communicate and coordinate with the County throughout the MFMP
development process and in preparation for the DEP pre -application meeting, as well as discussion
after the DEP pre -application meeting.
Deliverables - 1st Draft MFMP
2Id Draft MFMP prior to DEP pre -application meeting
Task 3 - Public Workshop:
Monroe County anticipates conducting a public workshop to solicit comment prior to the DEP pre -
application meeting and submittal of the Conceptual Permit package to DEP. The workshop will
target the stakeholders, including the users of Boca Chica basin, as well as property owners on the
east side of Stock Island. While CSI is not required to participate in the workshop, maps/diagrams
provided in Task 1 will be utilized by the County for the workshop. The County will then provide
CSI with the minutes of the workshop, including any comments provided by the workshop
participants. CSI will utilize the public comments for its pre -application meeting with DEP, ensuring
DEP that sufficient public input has been solicited and provided. Any meeting minutes and public
comment (or summary of the minutes and comments) will be included in the Conceptual Permit
package to DEP as applicable.
Task 4 - Environmental Permitting (subsequent to completion of Tasks 1-3):
a. Preliminary/Draft Sovereign Submerged Land Lease Drawing: While a sovereign submerged
lands (SSL) lease application will need to be submitted for the future construction permit phase,
CSI will prepare a draft SSL lease drawing (suitable for DEP review and conceptual permitting).
The draft SSL lease drawing provided by CSI will assist in the DEP pre -application discussion (but
will not include a legal description or be signed by a professional surveyor).
Deliverables - Draft Submerged Land Lease drawing in .pdf, CAD and G1S formats
b. DEP Pre -Application Meeting: CSI will meet (in person) with DEP staff at the South District Office
in Ft. Myers to review and discuss the proposed mooring field project in detail, prior to the submittal
of the Conceptual Permit application (described in Task 4 c.). The meeting will include a
representative (in person or via conference call) from State Lands in Tallahassee (anticipated to
be Tim Rach, Administrator of the DEP SLERC Program), who has been involved in previous
communications regarding the project). The meeting will include introduction by CSI of the overall
project goals and design, and presentation of the MFMP, the SSL lease drawing and
considerations, discussion of issues and consideration of an expanded SSL lease area to provide
for exclusion of unmanaged vessel anchoring immediately outside the mooring field boundaries.
CSI will also discuss permitting requirements, any protected area or protected wildlife habitat
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constraints (including no requirement for a Manatee Protection Plan in the Florida Keys), and the
time -frame for permit evaluation and any mitigation that may be required.
CSI will provide a summary letter to the County (and all meeting participants) describing the
pertinent discussion points of the meeting, and conduct a post -consultation phone call with County
staff to discuss the outcome of the meeting and the next steps in more detail.
Deliverables - Summary letter of the pre -application meeting including DEP comments
c. DEP Conceptual Permit Application: CSI will prepare the Conceptual Permit application for
submittal to DEP. The application will include all the afore -mentioned documents including the
proposed mooring field design, MFMP, permit sketches and other documentation as necessary.
The Boca Chica Mooring Field Detailed Feasibility Study will be provided to DEP for reference
(indicating the body of previous research performed), as well as the summary and comments from
the public input meeting.
Deliverables - Copy of Conceptual Permit application in .pdf format
d. DEP Conceptual Permit Processing: CSI will stay in communication with DEP during the
Conceptual Permit review process and coordinate with DEP and the County as necessary. CSI
will confer with DEP regarding any additional information or details of the proposed mooring field
project, including any comments from the County or FWC. CSI will review and coordinate (with
DEP and the County) submittal of responses to any State RAI (Request for Additional Information).
Deliverables - A summary list, by date, of communications with DEP and any additional information
or details provided to DEP in the processing of the Conceptual Permit application or response to
any RAI.
e. Additional services: Any additional services requested by the COUNTY may be provided by the
CONSULTANT based upon an amendment to this Contract mutually approved in writing by the
COUNTY and the CONSULTANT,
Payment•
Payment to the CONSULTANT shall be by lump sum upon completion of each task (including satisfactory
delivery of all deliverables required thereunder).
Task 1: Engineering/Design Work:
o a. Mooring System Design: $3,500
o b. Mooring Field and Navigational Channel Design: $4,800
o c. Environmental Permit Sketches: $8,300
Task 2: Draft Mooring Field Management Plan: $5,500
Task 4: Environmental Permitting:
o b. DEP Pre -Application Meeting: $6,300
o c. DEP Conceptual Permit Application: $3,600
o d. DEP Conceptual Permit Processing: $7,000
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