Item C34 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014 Division: Employee Services
Bulk Item: Yes X No Department: Human Resources
Staff Contact Person: Teresa Aguiar X4458
AGENDA ITEM WORDING: Approval to approve contract with ADAAG Consulting Services for
an evaluation of our programs, services and communication for compliance with the Americans with
Disabilities Act, and preparation of a transition plan.
ITEM BACKGROUND: January 16, 2014,the BOCC approved to advertise a solicitation for
proposals for a Provider to conduct an evaluation of our programs and services, including our
communication policies and practices.
In 2009, the County hired an architectural firm and an ADA consulting firm to prepare a Transition
Plan for facilities and roads necessary to comply with Title 11 of the ADA and is in the process of
making those changes identified in the Transition Plan.
On April 4, 2014, a publicly advertised meeting was held and the Selection Committee reviewed the
one and only proposal, which was submitted by ADAAG. The Selection Committee decided to bring
the request to the BOCC to request approval to negotiate services and fee with ADAAG because the
proposal submitted by ADAAG appeared to include services already covered by the County's
Transition Plan with respect to facilities and roads. The Selection Committee wished to negotiate in
order to ensure that the services delivered in response to the RFP do not overlap with the County's
2009 Transition Plan for roads and facilities.
On May 21:,2014, the BOCC approved the request to negotiate: services and fees with ADAAG. The
negotiation team clarified the work and negotiated the fee of$67,320.00 to perform the required
services,
PREVIOUS REVELANT BOCC ACTION: May 21, 2014 BOCC meeting: BOCC gave approval
to negotiate services and fees.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: 167 320.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $67,320.00 SOURCE OF FUNDS Ad Valorem
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year
APPROVED BY: County A02 1 OMB/Purchasing Risk Management W11
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ADAAG Consulting Contract#
Services, LLC
Effective Date: 8/20/14
Expiration Date: 3/20/14
Contract Purpose/Description:
Evaluation of the Coun 's programs, services and communications for compliance with
the Americans with Disabilities Act and 12reparation of a Transition Plan.
Contract Manager: Teresa Aguiar 4458 Human Resources #1
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 08/20/2014 Agenda Deadline: 08/05/2014
CONTRACT COSTS
Total Dollar Value of Contract: $ $67,320.00 Current Year Portion: $ 0
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ - - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e .maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed A2 Reviewer
Division Director 'J-57a Yes❑No[ °
Risk Management Yes❑No[ .
O.M.B./Purchasing ak Yes[:]No[
County Attorney 1 Yes❑No ] w
Comments:
OMB Form Revised 2/27/01 MCP#2
AGREEMENT
FOR
Conducting an Evaluation of Services, Programs and Communications and the
Development of Monroe County's Americans with Disabilities Act Transition Plan
THIS AGREEMENT is made and entered into this 20th day of August, by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040 and ADAAG CONSULTING
SERVICES. LLC ("CONTRACTOR"), whose address is 1386 Coral Way PH 403,
Miami, FL 33146.
Section 1. SCOPE OF SERVICES
CONTRACTOR 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 agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
CONTRACTOR warrants that it is authorized by law to engage in the performance of
the activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to
be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual
relationship with the County. To the extent that Contractor uses
subcontractors or independent contractors, this Agreement specifically
requires that subcontractors and independent contractors shall not be an
employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the Contractor and is
mutually agreed upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
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Section 3. TERM I OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the 20th day of Au ust,
2014 and will conclude with delivery of the deliverable outlined in Section 1 of
this Agreement, including Exhibit A to this Agreement.
Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt
Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the
County an invoice with supporting documentation in a form acceptable to the
Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The Director of Employee Services will review the request,
note his/her approval on the request and forward it to the Clerk for payment.
4.2 Any extension of this Agreement beyond the term noted in Section 3 is
contingent upon annual appropriation by Monroe County.
4.3 Compensation to CONTRACTOR is as follows:
Task per Scope of Work Fee payable upon completion
Planning and Self-Evaluation $36,195.00
ADA Transition Plan $23,785.00
Completion of required $31,125.00
meetings and presentations
TOTAL: $67,320.00
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. The CONTRACTOR may terminate this
Agreement with ninety (90) days' notice to the COUNTY. The 'COUNTY may terminate
this Agreement with or without cause upon thirty (30) days' notice to the
CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the
date of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his
response, and this Agreement and has made a determination that he/she has the
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall
control any inconsistent provisions contained in the specifications. All
specifications have been read and carefully considered by CONTRACTOR, who
understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Agreement be more
strongly construed against COUNTY than against CONTRACTOR.
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B. Any ambiguity or uncertainty in the specifications shall not be construed against
the drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services
furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the
services.
D. CONTRACTOR agrees that County Administrator or his designated
representatives may visit CONTRACTOR'S facility (ies) periodically to conduct
random evaluations of services during CONTRACTOR'S normal business hours.
E, CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and will at
all times conduct its business activities in a reputable manner. Proof of such
licenses and approvals shall be submitted to COUNTY upon requiest.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailled, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
To the COUNTY: Employee Services Director
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
To the CONTRACTOR: ADAAG Consulting Services, LLC
1385 Coral Way PH 403
Miami, FL 33145
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for five (5) years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply
with all public records laws of the State of Florida, specifically to:
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(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that does not
exceed the cost provided in Florida Statutes, Chapter 119 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
Monroe County all public records in possession of the contractor upon termination of
this Agreement 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 Monroe County in a format that is compatible with the
information technology systems of Monroe County,
Section 9. EMPLOYEES SUBJECT'r0 COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR 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. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may,
in its discretion, terminate this agreement without liability and may also, in its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's
competitive procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
Agreement with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
for the Category Two for a period of 38 months from the date of being placed on the
convicted vendor list.
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Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the
State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement„ shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR 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.
Section 13. ATTORNEY''S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non-prevailing
party. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
Section 14. BINDING EFFECT
The terms, covenants, conditions, ana provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
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Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement shall not be
subject to arbitration.
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR 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 CONTRACTOR specifically agree that no parry to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; The Public (Health
Service Act of 19,12, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
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Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR 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 CONTRACTOR 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.
Section 22. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 23. NONI-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any Agreement entered into by the COUNTY be required
to contain any provision for waiver.
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Section 24. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limiits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY,
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Nan-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.
Section 26. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, including, but not being limited to, a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest
Clause, and Non-Collusion Agreement.
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
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accountability by reason of the execution of this Agreement.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and
Subcontractors.
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to
provide proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. Delays in the commencement of work, resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced and/or termination of this Agreement and for
damages to the COUNTY. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadllines
specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the CONTRACTOR's failure
to maintain the required insurance.
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The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract,
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30)days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation,
31.2Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for.
+ Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit(CSL)
If split limits are provided, the minimum, limits acceptable shall be:
$50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
31.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with iimiits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or, companies authorized to transact
business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the 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.
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The minimum limits of liability shall be:
$300,000 per occurrence/$500,000 Aggregate
Section 32. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in
this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the
CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR 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.
The CONTRACTOR 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 CONTRACTOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to
the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
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The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 2014.
(SEAL) MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Attest: Amy Heavilin, CLERK
OF MONROE COUNTY, FLORIDA
By by
Deputy Clerk Mayor/Chairman
(CORPORATE SEAL) (NaTg.G antractor)
ATTEST:
By ADAAG Consultin Services LLC
MOLAR E COUNTY ATTORNEY
AP I OV AS TO F RM:
C NTHIA L. ALL
ASS11STANT COUNTY ?�T ANEY
Date
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EXHIBIT A
SCOPE OF SERVICES
The Contractor shall conduct an evaluation of the Monroe County Board of County
Commissioners' services, programs and communications with respect to title II of the
Americans with Disabilities Act of 1990, as amended (ADA). In addition, as a result of
the findings of the evaluation, the contracted) firm/individual will also develop a
Transition Plan which shall outline the adjustments and modifications that must be done
to comply with the ADA, which mandates that services, programs and communications
provided by government agencies be offered equally to people with disabilities, as well
as other applicable federal and state legislation.
➢ Preparation of self evaluation plan:
➢ Preparation shall include input from staff and the community, including the Florida
Keys Council for People with Disabilities, including coordination and distribution of a
questionnaire/survey that would identify areas to provide a needs analysis.
➢ The Proposer will be expected to attend facilitate at least three (3) imeetings with
members of the public to identify areas of the County's services and policies that
require evaluation.
➢ The Proposer will also be expected to attend at least one (1) meeting with staff in
order to discuss the self evaluation.
➢ The self evaluation should provide an accurate assessment of which, if any
programs or policies contain any Language or processes that may be discriminatory
and non-compliant with Title 11 of the ADA.
A Preparation of the self evaluation plan will include a review of all programs, services
and, identifying those programs and services that require improvement in order to
comply with the ADA, with an emphasis on communication elements. The self
evaluation plan will not include work and facilities elements covered by the County's
2009 Transition Plan.
➢ Development of a Transition plan, which will list the County's programs, services and
communications, outline any deficiencies, and make clear defined recommendations to
correct and comply with the ADA. The Transition Plan shall contain at a minimum but
not be limited to:
➢ A list of programs, services, or communications that limiit the accessibility to
individuals with disabilities;
A detailed outline of the methods to be utilized to remove the limitations or to make
the programs, services or communications accessible to individuals with disabilities;
➢ Estimated costs and proposed funding sources for the correction of the limitations;
A Time frame for the corrections which includes prioritization of items and the schedule
for taking the necessary steps to achieve compliance with the ADA.
➢ If the time period for achieving compliance is longer than one year, the plan
should identify the interim steps that will be taken during each year of the
transition period.
A Identify the Monroe County official(s) responsible for the Plan's implementation.
Develop a database contained in Microsoft Access format for use by Monroe County
in implementing the Transition Plan..
14 of 15
➢ During the course of the Project, the firm/individual shall be required to deliver to the
County drafts of the Transition Plan. Once the County has approved the Transition Plan
drafts, the firm/individual shall organize a final Transition Plan to be delivered to the County
for final review and acceptance. The firm/individual shall provide two originals of the
Transition Plan, and one electronic version in PDF file format.
➢ The firm/individual shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the firm/individual or its
subcontractors, or both.
➢ Make formal presentations to senior staff and the Board of County Commissioners as
needed.
➢ Transition Plan will be completed within seven months from the effective date of the
contract.
The selected Proposer will be expected to attend at least two (meetings) of the Board of
County Commissioners: one (1) at the conclusion of development of the self-evaluation, and
one (1) at the conclusion of the development of the Transition Plan.
If work is required as a result of the Transition Plan that is prepared, the Proposer selected in
response to this RFP will not be eligible to submit a proposal for subsequent work.
Deliverables:
All deliverables must be submitted in binder and electronic formats. All work prepared
in response to this RFP becomes the property of Monroe County, Florida.
1. The Proposer shall deliver a draft preliminary self evaluation and it shall be
prepared and delivered when approximately 75% of the evaluation as described
in this Schedule is complete and shall deliver the final self evaluation when the
self evaluation phase is complete.
2. The Proposer shall deliver a draft preliminary Transition Plan when
approximately 75% of the Transition Plan is complete, and shall deliver the final
Transition Plan when this phase is complete.
15 of 15
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
As I
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or conspideration paid to the former County officer or
employee."
1
ignature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) b (name of affiant). He/She is
ersonally known to me or has produced
(type of identification) as identification
Nc tY pt
9ic State�Stoide�
MY Ci4atalom EE la More" V5053
0VExpU®s W2oas NOTARY P U B L I
My Commission Expires:
ADAAG Forms -- 1
NON-COLLUSION AFFIDAVIT
of the city of Ti t. according to
law on my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm
of I the bidder
making the Proposal forth pr ' ct de cribed in the Request for Proposals
for and that I executed
aid
the s proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition;
5. The statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the
statements contained in this affidavit in tg co racts fors id prof t,
( igna ure)
® Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) bX (name of affiant). He/She is personally
known to me or has produced (type of identification)
as ideRUN
��,o�aa
"Gory puUpc State
Natalia Marano7)7'110
,Le 169153
my OyJ13a� 6 NOTARY PUBLIC
My Commission Expires: 13) ('(,'7
%j
ADAAG Forms - 2
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
/i the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certi this firm co lies full with
the above requirements.
(Signature)
Date: 3 Im
STATE OF: cip
COUNTY OF:
Subscribed and sworn to (or affirm- ) before me on IV (date) by
t (naime of affiant). He/She is personally known to me or has
produced (type of identification) as identification,
�uAr Notary Public State of Florida
Natalia Morena NOTARY PUB C
My Commission
et~1691$3
% oj enured o211=0ts My Commission Expires:
ADAAG Forms - 3
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.G17, Florida Statutes, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neithe (Proposer's
42��� WO��
name) nor any Affiliate has been placed on the convicted vendor II the last 36
months.
Signature)
Date:
STATE OF: YTdc,
COUNTY OF: Ebd-q,
Subscribed and sworn to (or affirmed) before me on
(date) b -F-4CAkk)0- br'CIA) .(name of afflant). He/She is personally
known to me or has produced
----------$'
(type of identification) as identification.
QakA�Qi C�
NOTARY PUBLIC
ef RN Notary Public State of Florid® My Commission Expires:
Natalia Moreno
6 My Commission EE 169153�.
4 . Expires 02ilW2016
ADAAG Forms — 4
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