Item C13 C.13'
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y lrl ' T� \�ka� Mayor Heather Carruthers,District 3
�1 1 Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` �)-.�ff` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: C.13
Agenda Item Summary #7275
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick(30) 292-4339
N/A
AGENDA ITEM WORDING: Approval of a First Amendment to Task Order for T.Y. Lin
International in the amount of$76,570.00 for the monitoring specialists and an additional survey of
the Clarence Higgs Beach Sand Replenishment Project to be paid by Tourist Development Council
Grant 41759.
ITEM BACKGROUND: Clarence Higgs Beach in Key West has been eroded over the years due
to cumulative storm impacts. The nourishment will be performed using sand trucked from an
approved upland borrow site and placed above and below mean high water.
A Task Order was issued to T.Y. Lin International to complete drawings, specifications, agency
coordination/permitting, cost estimate/contractor coordination, construction phase services, benthic
survey, and geotechnical analysis for FDEP sand compatibility for the repair of the beach in
December 2016.
An additional Task Order was issued to T.Y. Lin International to develop a monitoring plan, as
required by Florida Keys National Marine Sanctuary (FKNMS) and Florida Dept. of Environmental
Protection (FDEP) for additional coordination/permitting, pre-construction monitoring, and
topography for Mean High Water Line (MHWL) in June 2020.
As a result of the amended Task Order in June 2020 for the development of a monitoring plan, the
County is required to have an on-site specialist. Also, the County must conduct one (1) additional
preconstruction survey. These two changes will result in a change in the Scope of Services. This
request is for approval of a First Amendment to the June 2020 Task Order to include these required
additional services in the amount of$76,570.00.
The total cost of this Task Order, including the First Amendment, is $126,508.00.
PREVIOUS RELEVANT BOCC ACTION:
7/26/16 BOCC approved project via TDC grant.
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C.13'
CONTRACT/AGREEMENT CHANGES:
Adding additional tasks
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
T.Y. Lin - Higgs Beach Sand Task_Order_I Amendment(Final)-signed by T.Y. Lin
Task Order_TY Lin Higgs above below MHW_EXEC_6.19.20
TY Lin continuing svcs - EXEC - 1-17-18
FINANCIAL IMPACT:
Effective Date: 9/16/2020
Expiration Date: 120 days after Notice to Proceed issued
Total Dollar Value of Contract: $126,508.00
Total Cost to County: $0.00
Current Year Portion: $100,000.00
Budgeted: Yes
Source of Funds: TDC Grant
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: TDC
County Match: 0%
Insurance Required: Yes
Additional Details: June 2020 Task Order amount is $49,938.00 and this First Amendment to the
Task Order amount is $76,570.00 for a total of$126,508.00.
09/16/20 117-77040 TDC BRICKS & MORTAR 117 $76,570.00
REVIEWED BY:
Cary Vick Completed 09/01/2020 2:14 PM
Stan Thompson Completed 09/01/2020 2:17 PM
Cary Knight Completed 09/01/2020 2:25 PM
Kevin Wilson Completed 09/01/2020 2:29 PM
Patricia Eables Completed 09/01/2020 2:31 PM
Purchasing Completed 09/01/2020 3:06 PM
Budget and Finance Completed 09/01/2020 3:09 PM
Maria Slavik Completed 09/01/2020 3:54 PM
Liz Yongue Completed 09/01/2020 6:05 PM
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C.13'
Board of County Commissioners Pending 09/16/2020 9:00 AM
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C.13.a
FIRST AMENDMENT TO TASK ORDER FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
BETWEEN MONROE COUNTY
AND
T.Y. LIN INTERNATIONAL
FOR
HIGGS BEACH RE-NOURISHMENTABOVE AND BELOW MHW
In accordance with the Agreement for On Call Professional Engineering Services, made
and entered into on January 17,2018,between MONROE COUNTY,hereinafter referred
to as the "County" and T.Y. LIN INTERNATIONAL hereinafter referred to as
"Consultant"/"T.Y. Lin", where professional services are allowed if construction costs do
not exceed $2,000,000.00 or if the fee for professional services for each individual study
under the contract does not exceed $200,000.00, hereinafter referred to as "Agreement" ru
the parties enter into this First Amendment to the Task Order with an effective date of June
19, 2020 ("Task Order").
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All terms and conditions of the Agreement apply to this Amendment, unless this
Amendment amends, adds, or modifies a provision or an Article of the Agreement or Task
Order of which will be specifically referenced in this Amendment and the amendment,
addition, or modification shall be precisely described.
This First Amendment is effective on the 16th day of September, 2020.
WHEREAS, an Agreement with the Consultant for On-Call Professional Engineering
Services was entered into on January 17, 2018, between the Consultant and the County; �-
and
WHEREAS,a Task Order with the Consultant for the Higgs Beach Re-Nourishment Above
and Below MHW project was entered into on June 19, 2020, between the Consultant and E
the County; and
WHEREAS, additions to the original scope of work have been made necessary by the
Florida Department of Environmental Protection (FDEP), a state permitting agency, 0�
specifically requiring a qualified On-Site Representative for the County and the conducting
of one (1) additional pre-construction survey. -�
NOW, THEREFORE,the Task Order for Higgs Beach Re-Nourishment, shall be amended
to include the additional required scope of services and in consideration of the mutual
promises and covenants set forth below, the parties agree as follows:
1. In accordance with Article II, paragraph 2.1, of the Professional Services
Agreement, Consultant will secure the services of a qualified On-Site
Representative for the County and secure the services of a licensed professional
surveyor and mapping consultant to conduct one (1) additional pre-construction
survey at Higgs Beach,Key West in Monroe County, Florida. The additional scope
of services will include the following tasks:
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Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I
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2.1 Pre-Construction Baseline Biological Monitoring
• Prior to conducting habitat edge mapping in the field and location of
permanent monitoring transects, a visual analysis of recent(as close as
possible and available to the date of the pending nourishment) aerial
imagery in GIS software as per the BMP will be conducted. This analysis
will be overlaid with the edge mapping conducted in the field and
included in the report. E
• Perform the field survey tasks as required per the BMP, specifically:
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o Habitat edge mapping (in situ)
o Transect establishment(4 hardbottom, 5 SAV transects) le
o Transect monitoring (20 m, 8 1-m2 BEAMR quadrats each,
lineintercept, interval sediment depth)
o SAV Patch delineation and rapid assessment c
o Coral colony tagging and condition monitoring (all ESA-listed
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coral species, and all scleractinian coral species at least 10 cm in
diameter)
• Baseline data collected prior to the renourishment event will be submitted
to the FDEP JCP Compliance Officer and Monroe County, as per the
BMP at least thirty (30) days prior to construction (unless the survey is
conducted within thirty (30) days of construction commencement, in
which case the data will be submitted within thirty (30) days of survey
completion). Data will be submitted electronically and will include:
o Video and photographic data
o Raw transect survey data i_
o Habitat(nearshore edge and SAV patches) mapping data
o Coral colony condition data E
o Scanned copies of field datasheets
• In addition to the data deliverables to the FDEP, a written monitoring E
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report will be submitted to Florida Keys National Marine Sanctuary
("FKNMS")that analyzes the above-listed data within sixty (60) days of
survey completion. ®i
• T.Y. Lin will be assisted in this task by its sub-consultant, Cummins
Cederberg
2.2 Sediment QC/QA On-Site Representation
T.Y. Lin will enforce the construction contract and regulatory permits related to
sediment quality, including the FDEP-approved December 2019 Sediment
Quality Control/Quality Assurance Plan. It is anticipated that construction s
activities associated with the sand placement will be conducted over a period of
four(4)weeks.
• On-Site Representative. On-site observation will be conducted by
individuals with training and experience in beach nourishment and W
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Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I
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C.13.a
construction inspection and testing, and knowledgeable of the project
design and permit conditions. T.Y. Lin will provide approximately ten
(10) hours per week for on-site observations to be supplemented by
County staff. T.Y. Lin's Project Engineer will actively coordinate with
the On-Site Representatives. Communications will take place between the
T.Y. Lin's Engineer and On-Site Representatives on a weekly basis. E
• Pre-Construction Meeting. The project QC/QA Plan will be discussed as a
matter of importance at the pre-construction meeting. The Contractor will
be required to acknowledge the goals and intent of the above described
QC/QA Plan, in writing, prior to commencement of construction.
• Contractor's Daily Reports. T.Y. Lin's On-Site Representative will review
the Contractor's Daily Reports which will characterize the nature of the
sediments encountered at the upland sand source and placed along the
project shoreline with specific reference to moist sand color and the
occurrence of rock, rubble, shell, silt or debris. 2
• On Call. T.Y. Lin will be continuously on call during the period of
construction for the purpose of making decisions regarding issues that
involve QC/QA Plan compliance.
• Addendums. Any addendum or change order to the Contract between the
County and the Contractor will be evaluated to determine whether or not
the change in scope will potentially affect the QC\QA Plan.
• Post-Construction Sampling for Laboratory Testing. To assure that the fill
material placed on the beach was adequately assessed by the borrow area
investigation and design, T.Y.Lin will conduct assessments of the
sediment as detailed in the Plan.
Post-construction sampling of each acceptance section and testing of the
fill material will be conducted to verify that the sediment placed on the
beach meets the expected criteria/characteristics provided from the
geotechnical investigation and borrow area design process. Upon
completion of an acceptance section of constructed beach, the T.Y. Lin
will collect two (2) duplicate sand samples at each FDEP reference
monument profile line to quantitatively assess the grain size distribution, 01
moist Munsell color, shell content, and silt content for compliance.
T.Y. Lin will collect the sediment samples of a minimum of 1 U.S. pint(at
least 200 grams) each from the bottom of a test hole a minimum of 18 v)
inches deep within the limits of the constructed berm. T.Y. Lin will
visually assess grain size, Munsell color, shell content, and silt content of a°'a
the material by handling the fill material to ensure that it is predominantly
sand, and further to note the physical characteristics. T.Y. Lin will note the s
existence of any layering or rocks within the test hole. One (1) sample will
be sent for laboratory analysis while the other sample will be archived by
the County. All samples and laboratory test results will be labeled with the
Project name, FDEP Reference Monument Profile Line designation, date
sample was obtained, and "Construction Berm Sample." E
Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I
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C.13.a
It is estimated that ten (10) sand samples will be collected. Geotechnical
laboratory analysis will include:
o Gradation analyses (ASTM D 422)to include the following
standard sieves: 3/4" 5/8" 3.5 4 5 7 10 14 18 25 35 45
60, 80, 120, 170, and 230. The following will be included in
tabular form:
i. Sieve number E
ii. Diameter in mm,
iii. Diameter in phi units,
iv. Weight retained on sieve, le
V. Weight percent retained on sieve,
vi. Cumulative weight retained on sieve and
vii. Cumulative weight percent retained on sieve. c
All weights and percentages will be recorded to the nearest
0.01 gm.
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o A table of moment statistics (mean, median (d50), standard
deviation (sorting), moist Munsell color, silt percent, visual
estimate of shell content, and carbonate content will be
included. Frequency and cumulative frequency plots of each
sample will also be provided.
In the event that a section of beach contains fill material that is not in
compliance with the sediment compliance specifications, then the County
will be notified and proposed remediation strategies discussed. FDEP
notification will indicate the volume, aerial extent and location of any
unacceptable beach areas and remediation planned.
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• T.Y. Lin will be assisted in this task by its sub-consultants, Terramar
Environmental Services and NV5. E
COUNTY RESPONSIBILITY u�
The County's Responsibility is outlined in Article IV of the Professional Services
Agreement. County shall provide historical property records and deeds if required. lei
2. In accordance with Article VII of the Professional Services Agreement, the
County shall pay the Consultant a lump sum fee of Seventy-Six Thousand Five
Hundred Seventy and 00/100 Dollars ($76,570.00)paid on a percent complete
basis for each task, as described above in the Scope of Work, for the following
phases: y
Task Preconstruction Baseline Biological
2.1 Monitoring $47,923.00
Task Construction Sediment QC/QA On-Site
2.2 Representation $28 647.00
Total Project Fees $76,570.00
Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I
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C.13.a
The total cost of this Task Order, including the First Amendment, is $126,508.00.
All other terms and conditions of this First Amendment shall be in accordance with the
Task Order and Agreement.
a�
IN WITNESS WHEREOF, each parry caused this Amendment to be executed by its duly
authorized representative. E
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(SEAL) BOARD OF COUNTY COMMISSIONERS le
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By: c
As Deputy Clerk Mayor/Chairman
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Date:
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CONSULTANT: WITNESS TO CONSULTANT
T.Y. LI N IN ' +1A`Tfl O I� ,L
By: Francisc Aion'sa,i? By:
Title: Vice President Date: 8-31-20
Date: 8-31-20
i
M,,OMiFOE COUNTY ATTOHNEY'S OFFICE
+ Ea,^STO F
PATRICIA EABLES
s�sxry Jew
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Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I
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C.13.b
TASK ORDER FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
BETWEEN MONROE COUNTY
AND
T.Y. LIN INTERNATIONAL
FOR
HIGGS BEACH -NOURISHMENTABOVE AND BELOW MHW
I
In accordance with the Agreement for On Call Professional Engineering Services, made _
and entered into on January 17, 2018 between MONROE COUNTY, hereinafter referred
to as the "County" and T.Y. LIN INTERNATIONAL hereinafter referred to as
"Consultant", where professional services are allowed if construction costs do not exceed E
$2,000,000.00 or if the fee for professional services for each individual study under the
contract does not exceed $200,000.00, hereinafter referred to as "Agreement', the parties
enter into this Task Order.
All terms and conditions of the Agreement apply to this Task Order, unless this Task Order
le
amends, adds, or modifies a provision or an Article of the Agreement of which will be
specifically referenced in this Task Order and the amendment, addition, or modification
shall be precisely described.
This Task Order Amendment is effective on the day of 2020.
WHEREAS, an Agreement with the Consultant for On-Call Professional Engineering
Services was entered into on January 17, 2018 between the Consultant and the County; and
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WHEREAS,the County requires Engineering Services to develop a biological and physical T�i
monitoring plan of proposed beach sand re-nourishment above and below mean high water c,
(MHW), including an updated benthic survey of areas seaward of Higgs Beach Park, to
address requirements of applicable state and federal permitting agencies including the i
Florida Department of Environmental Protection (FDEP) and the Florida Keys National
Marine Sanctuary (FKNMS); and
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WHEREAS, the County requires Engineering Services to provide an updated land survey
of Higgs Beach to address requirements of FDEP and the U.S. Army Corps of Engineers
(ACOE), specifically requiring a new Topography for Mean High Water Line survey to 0
support a County-requested permit to re-nourish beach sand above and below mean high y
water(MHW). CD
LM
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree as follows:
i
1. In accordance with Article II, paragraph 2.1 of the Professional Services Agreement,
Consultant will conduct an updated benthic survey of Higgs Beach; and Consultant 0
will secure the services of a licensed professional survey and mapping consultant to y
conduct the required topographic and bathymetric surveys at Higgs Beach, Key
West in Monroe County, Florida. The additional scope of services will include the
following tasks:
Higgs Beach Sand Re-Nourishment Above and Below MHW
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C.13.b
1.0 — Biological and physical monitoring plan for Higgs Beach: Develop a
biological and physical monitoring plan of proposed beach sand re-nourishment
above and below mean high water O. The data gathering and reporting plan c
shall follow the applicable requirements of the FDEP and/or the FKNMS for beach
sand re-nourishment permitting. The monitoring plan will include: 2
• Baseline Delineation of Submerged Resources and Benthic Habitat Mapping
• Transect and In-Situ Quadrat Analysis
• Seagrass and Other Species Percent Cover Reporting
• Biological Reference Site Monitoring _
• Sediment Analysis
• Physical Monitoring
• Reporting .E
2.0 — FKNMS Agency Coordination/Permitting: Coordinate with the FKNMS to
prepare the required Biological and Physical Monitoring Plan and prepare the �
permit for the sand replenishment project. Permit application and submittal fees
shall be considered a reimhursahle expense. Prepare the necessary permit
rinSnl`cni_`n-n3 and c;n nrn'�o e dni-.inent°:to,meet ner mnittint^ rc=cmirerneniw. Res'n on+e=s to N
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regulatory Request for Additional Information (RAI) will be prepared within
regulatory timeframes. One (1) RAI is anticipated.
`
3.0 Pre-construction Monitoring': In accordance with the Monitoring Plan
developed in Task 1.0, conduct the pre-construction monitoring activities,
including data collection, analysis and reporting for Preconstruction Biological
Monitoring.
4.0 — Topography for L: Perform sufficient cross-Sections in order to ci
establish the Mean High-Water Line and Erosion Control Line in accordance with
Florida Department of Environmental Protection Tidal Water Survey Guidelines
and Procedures.
DELIVERABLES
1. An agency—approved Biological and Physical Monitoring Plan including c
required activities, schedule and reporting requirements.
2. Necessary permit applications and supporting documents and responses to
AIs to meet permitting requirements.
3. Pre-Construction Monitoring activities, analysis, and reports. v,
4. Updated Topographic Survey (via electronic delivery in pdf format and one (3) _
hard copy signed and sealed by a Florida licensed surveyor) along with the i
resulting DWG and PDF files.
COT JNTY RESPONSIBILITY
The County's Responsibility is outlined in Article IV of the Professional Services
Agreement. County shall provide historical property records and deeds if required.
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2. In accordance with Article VII of the Professional Services Agreement, the
County shall pay the Consultant a lump sum fee of Forty-Nine Thousand Nine
Higgs Beach Sand Re-Nourishment Above and Below MW
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C.13.b
Hundred Thirty-Eight and 00/100 Dollars ($49,938.00) paid on a percent complete
basis for each task, as described above in the Scope of Work, for the following
76
phases:
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Taskl Biological & Physical Monitoring Plan $4,896.00 E
Task 2 FKNMS Coordination & Permitting $3,748.00
Task 3 Preconstruction Biological Monitoring $34,896.00
Task 4 Topography Survey for MHWL $6,398.00
Total Project Fees $49,938.00 Y
All other terms and conditions of this Task Order shall be in accordance with the
Professional Services Agreement dated January 17, 2018.
IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly
authorized representative.
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CONS .'LTA "[}: ,..
t, . t 6-18-20
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T.Y. Lin International Date
Francisco J. Alonso, PE, Vice President
Print Name cv
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MONROE C Y.:
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,oun ruwa
Count 7 c'ininis a or �krycesignee: Date
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Print Name
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MONROE COUNTY ATTOMNEYS OFFICE
APPROVED AS TO FORM
_
COUINTYATTORNEY
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Higgs Beach Sand Re-Nourishment Above and Below MHW
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C.13.c
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agree nt ("Agreement") made and entered into this day of
20 � by and between Monroe County, a political subdivision of the State
of Florida, hose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County
Board of County Commissioners ("BOCC"),
E
AND
T.Y. Lin International. a foreign corporation of the State of California, authorized to
do business in the State of Florida, whose address is 201 Alhambra Circle, Suite 900, Coral
Gables, Florida 33134, its successors and assigns, hereinafter referred to as
"CONSULTANT", or"CONTRACTOR".
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various County Projects located in Monroe County, Florida; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee
for professional services for each individual study under the contract does not exceed
$200,000.00.
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The professional services required by this Contract will be for services in the form of a 76
continuing contract, commencing the effective date of this agreement and ending four (4)
years thereafter, with options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual Task Orders issued by the co
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of
work, time schedule, charges and payment conditions, and additional terms and conditions
that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT
constitutes the COUNTY's written authorization to CONSULTANT to proceed with the
services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision of this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order
and the modification shall be precisely described.
i
NOW, THEREFORE, in consideration of the mutual promises, covenants and >-
agreements stated herein, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
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C.13.c
FORM OF AGREEMENT
ARTICLE 1
REPRESENTATIONS AND WARRANTIES N
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY:
1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied.
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
1.3 The CONSULTANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a manner
that they shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of
this Contract will be adequate and sufficient to accomplish the purposes of the E
Project, therefore, eliminating any additional construction cost due to missing or
incorrect design elements in the contract documents.
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to its performance and those directly under its employ.
1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Project. In providing 76
all services pursuant to this Agreement, the CONSULTANT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of such services, including those now in effect and hereinafter adopted. Any violation <
of said statutes, ordinances, rules and regulations shall constitute a material breach co
of this Agreement and shall entitle the Board to terminate this contract immediately
upon delivery of written notice of termination to the CONSULTANT.
1.6 At all times and for all purposes under this Agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners
for Monroe County. No statement contained in this Agreement shall be construed so
as to find the CONSULTANT or any of its employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County. y
1.7 The CONSULTANT shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not-job related_, in_its recruiting,_hiring,_promoting, terminating_,or any other area
affecting employment under this Agreement or with the provision of services or
goods under this Agreement.
2-
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ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task
Orders in accordance with the requirements outlined in the Agreement and the specific Task
Order. 76
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2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the
appropriate party by certified mail, return receipt requested, to the following:
For the County:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040 c
And: Mr. Roman Gastesi, Jr.
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Monroe County Administrator
1100 Simonton Street, Room 2-205
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Key West, Florida 33040
For the Consultant:
Francisco J. Alonso, P.E.
Associate Vice President
TY Lin International
201 Alhambra Circle, Suite 900
Coral Gables, FL 33134 y
ARTICLE III
ADDITIONAL SERVICES 0,
3.1 Additional services are services not included in the Scope of Basic Services. Should
the COUNTY require additional services they shall be paid for by the COUNTY at
rates or fees negotiated at the time when services are required, but only if approved
by the COUNTY before commencement.
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C.13.c
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving
an amendment to the Agreement and a notice to proceed from the COUNTY, shall
the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, and maps. E
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the
CONSULTANT'S services.
4.3 Prompt written notice shall be E
p given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to E
have been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of
the CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such 76
documents are generally consistent with the COUNTY's criteria, as, and if, modified.
No review of such documents shall relieve the CONSULTANT of responsibility for
the accuracy, adequacy, fitness, suitability, or coordination of its work product. <
co
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY
has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS y
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe-County-and-Monroe-County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but
not limited to, reasonable attorneys' fees, to the extent caused by 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 the contract.
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5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within
this Agreement. Should any claims be asserted against the COUNTY by virtue of a
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 it from all losses occurring thereby and
shall further defend any claim or action on the COUNTY'S behalf.
76
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the
required insurance, the CONSULTANT shall indemnify COUNTY from any and all
increased expenses resulting from such delays. Should any claims be asserted
against COUNTY by virtue of any deficiencies or ambiguity in the plans and
specifications provided by the CONSULTANT the CONSULTANT agrees and
warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it �-
from all losses occurring thereby and shall further defend any claims or action on the
COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning
0.
the project. At the time of execution of this Agreement, the parties anticipate that the
following named individuals will perform those functions as indicated: --
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NAME FUNCTION
Mariano Valle, P.E. Principal in Charge
Francisco J. Alonso, P.E. Project Manager
Ali Toghiani, P.E. Quality Assurance Lu
,
So long as the individuals named above remain actively employed or retained by the y
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
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ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
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7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and
shown in Attachment A.
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7.2 PAYMENTS
E
7.2.1 For its assumption and performances of the duties, obligations, and responsibilities
set forth herein, the CONSULTANT shall be paid monthly. Payment will be made
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by
the COUNTY, a proper invoice to COUNTY requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall be accompanied by
such documentation or data in support of expenses for which payment is
sought as the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the co
interest of the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, butLU
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only to the extent and in the amounts authorized by Section 112.061, Florida
Statutes; and LU
b. Cost of reproducing maps or drawings or other materials used in performing the y
scope of services; and
c. Postage and handling of reports.
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7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY's Board of County Commissioners.
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7.4.2 The COUNTY's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
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ARTICLE VIII
INSURANCE 0
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required c
insurance at all times that this Agreement is in effect. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better, that is licensed to business in the State of Florida, and that has
an agent for service of process within the State of Florida. The coverage shall
contain an endorsement providing sixty (60) days notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer
acceptable to the COUNTY and shall be in a form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient
to respond to Florida Statute, Chapter 440.
B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00) c
per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One >
Million Dollars ($1,000,000.00) Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering `o
claims for injuries to members of the public and/or damages to property of others
arising from use of motor vehicles, including onsite and offsite operations, and
owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00)
combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. Lu
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D. Commercial general liability, including Personal Injury Liability, covering claims ,
for injuries to members of the public or damage to property of others arising out
of any covered act or omission of the CONSULTANT or any of its employees, y
agents or subcontractors or subconsultants, including Premises and/or
Operations, Products and Completed Operations, Independent Contractors;
Broad Form Property Damage and a Blanket Contractual Liability Endorsement
with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate.
i
An Occurrence Form policy is preferred. If coverage is changed to or provided
on a Claims Made policy, its provisions should include coverage for claims filed >_
on or after the effective date of this contract. In addition, the period for which
claims may be reported must extend for a minimum of forty-eight (48) months
following the termination or expiration of this contract.
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E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
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G. CONSULTANT shall require its subconsultants,to be adequately insured at least
to the limits prescribed above, and to any increased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay
for increased limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy
of all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such
policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required to
submit updated financial statements from the fund upon request from the
COUNTY. a,
ARTICLE IX y
MISCELLANEOUS
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9.1 SECTION HEADINGS
2
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 co
Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
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The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
.B
The CONSULTANT shall not assign or subcontract its obligations under this
agreement, -except- in writing -and with-the-prior-written-approval-of-the--Board of 0i
County Commissioners for Monroe County and the CONSULTANT, which approval
shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal
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representatives to the other and to the successors, assigns and legal
representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES a
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Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
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9.5 TERMINATION 76
A. In the event that the CONSULTANT shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after
five (5) days' written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party sixty (60) days' written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This Agreement consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and
attachments A, B, and C, and modifications made after execution by written
amendment. In the event of any conflict between any of the Contract documents,
the one imposing the greater burden on the CONSULTANT will control. v
9.7 PUBLIC ENTITIES CRIMES
0
A person or affiliate who has been placed on the convicted vendor list following a >
conviction for a public entity crime may not submit a bid on contracts to provide any
0.
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 a public entity, may not be awarded orco
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being Lu
placed on the convicted vendor list. Lu
By signing this Agreement, CONSULTANT represents that the execution of this >
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
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In addition to the foregoing, CONSULTANT further represents that there has been
no determination, based on an audit, that it or any subconsultant has committed an
act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it
has not been formally charged with committing an act defined as a "public entity
crime" regardless of the amount of money involved or whether CONUSULTANT has E
been placed on the convicted vendor list.
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CONSULTANT will 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.
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9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted 76
accounting principles consistently applied. Records shall be retained for a period of
five (5) years from the termination of this Agreement. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such E
records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four (4) years following the termination of this
Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONSULTANT pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, COUNTY and
CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This
agreement shall not be subject to arbitration. Mediation proceedings initiated and 76
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. co
9.10 SEVERABILITY
If any term, covenant, condition, or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions, and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to
replace anystricken provision with a valid provision that comes as close as passible
to the intent of the stricken provision.
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9.11 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 N
enforcement or interpretation of this Agreement, 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.
9.12 BINDING EFFECT '
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The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply
for, seek, and obtain federal and state funds to further the purpose of this y
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
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9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
2
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 co
the parties, then any party shall have the right to seek such relief or remedy as may
be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. The CONSULTANT and COUNTY staff shall try to resolve the claim or
dispute with meet and confer sessions to be commenced within fifteen (15) days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONSULTANT agree to_pa icip e,to the extent-required by the c
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONSULTANT specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
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9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically N
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 VII 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 E
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) E
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14, Article ll, 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, 76
this Agreement. c
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9.18 COVENANT OF NO INTEREST
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CONSULTANT and COUNTY covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be v
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 0
relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
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working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONSULTANT agrees N
that the COUNTY shall have the right to terminate this Agreement without liability _
and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public records E
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other"public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding E
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public y
Records Law in order to comply with this provision.
Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or copied <
within a reasonable time at a cost that does not exceed the cost provided in this co
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
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the contractor does not transfer the records to the County.
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(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor y
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the contract, the Contractor shall c
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
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requested records, the County shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the N
County shall enforce the public records contract provisions in accordance with the _
contract, notwithstanding the County's option and right to unilaterally cancel this
contract upon violation of this provision by the Contractor. A Contractor who fails to
provide the public records to the County or pursuant to a valid public records request
within a reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
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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 E
PHONE# 30 -292-3470 BRADLEY-BRIAN MONROECOUNTY-
FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12".
Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON-WAIVER OF IMMUNITY
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Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver ofco
immunity to the extent of liability coverage, nor shall any contract entered into by the
COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, Lu
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 y
agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply to the
same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of
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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. N
9.25 NON-RELIANCE BY NON-PARTIES
0
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT
and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any E
agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated
in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act
as the execution of a truth in negotiation certificate stating that wage rates and other
factual unit costs supporting the compensation pursuant to the Agreement are 0
accurate, complete, and current at the time of contracting. The original contract price y
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 (1) year following the end of the Agreement.
2
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or co
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agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which y
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.
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9.29 FEDERAL CONTRACT REQUIREMENTS. i
The Consultant and its subconsultants must follow the provisions as set forth in
Appendix II to Part 200, as amended, including but not limited to:
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9.29.1 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).
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9.29.2 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 E
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 E
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. In accordance with the Davis-Bacon Act, the
CONTRACTOR or their subcontractors shall pay workers employed directly upon
the site of the work no less than the locally prevailing wages and fringe benefits paid
on projects of a similar character. The current prevailing wage rates can be found 76
at: www.access,gpo.gov/davisbacon/fl.htmI under Monroe County.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of $100,000 that co
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 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.
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9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or 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
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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.
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9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act _
(33 U.S.C. 1251-1387), as amended. Contracts and 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). E
9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award
(see 2 CFR 180.220) must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 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.
9.29.7 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.
9.29.8 Procurement of recovered materials as set forth in 2 CFR §200.322. co
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONSULTANT pursuant
thereto. >
9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have the opportunity to participate in the performance of contracts financed in
whole-or-in-part with-COUNTY funds-under-thisAgreement.-The DBE-requirements 01
of applicable federal and state laws and regulations apply to this Agreement. The
COUNTY and its CONSUL I ANT agree to ensure that DBE's have the opportunity
to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the E
opportunity to compete for and perform contracts. The COUNTY and the
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CONSULTANT and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
9.30 The Consultant and sub cosultants 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 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 subconsultant c
during the Contract term.
9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement
are attached hereto as Attachment B and the Certification for Disclosure of
Lobbying Activities on Federal Aid Contracts, the Certification Regarding >-
Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid
Contracts, and the Conflict of Interest/Confidentiality Certification are attached
hereto as Attachment C and all made a part hereof.
I WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
representative on the day and year first above written. 0
y
BOARD OF COUNTY
COMMISSIONERS
IN MADOK, Clerk OF MONROE COUNTY, FLORIDA
co
By. By.
Deputy.Clerk Mayor/Chairman
MONROE COUNTY ATrORNEY'S OFFICE UW
Date: . r ®I ®I ® PPROv6D AS T
PATRICIA EABLES
ASSISTANTCOUNTY RNEY >
DATE: L
CONS LTANT
I. E, T.Y. L INT AL
By. Ab
Title;
END OF AGREEMENT
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ATTACHMENT A
CONSULTANT RATES
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ATTACHMENT A—CONSULTANT RATES
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ATTACHMENT A—CONSULTANT RATES
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JOB CLASSIFICATION BURDENED HOURLY RATE
_ .............._......... ..............
Project Manager $180.00
Senior Engineer $165.00
Project Engineer $130.00
Engineer 9 -$105.00 - w
Engineer Intern $65.00
CADD Technician $65.00
_.
Administrative $40.00
Surve or/Mapper $120.00 I F®
3 Man Crew(Daily Burdened) $1000.00
4 Man Crew(Daily Burdened) $1200.00
Landscape Architect 3$10 00
$1 0
Landscape Designer $75.00 E
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ATTACHMENT B
APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES
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AGREEMENT N
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LOCAL AGENCY I ROGR1 Nl FEDEK—kL-AID TERMS 375-(14"4
Foi,PROFESSIONAL SERVICES ca, '� 4C'7S PROGRAM MANAGEMENT
U4115 T)
Page 1 or 3
192WS F92 E912EBAL 6110 CQUIR&TA tAPPEN N
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
sin
C
A, It is understood and agreed that all rights of the Local Agency relating to inspection,review,approval,,
patents,copyrights,and audit of the work,tracing,plans.specifications,maps,data and cost records
relating to this Agreement shalt also be reserved and held by authorized representatives of the United
States of America.
B3 It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any stature
may be entered into by the parties hereto witlt regard to the work to be performed hereunder without the approval E
of the U.S.Department of Transportation,anything to the contrary in this Agreement not withstanding.
C. Compliance with Regulations. The Consultant shalt comply with the Regulatians,relative to nondiscrimination in
Federally-assisted programs of the U.S.Department of Transportation Tide49..Code of Federal Regulations,Part
21,as they may be amended from time to time,(hereinafter referred to as the regulations),which are herein >-
incorporated by reference and made a part of this Agreement. 1--
D. Nondiscrimination. The Consultant,with regard to the work performed during the contract.shall not discriminate
on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention
of subcontractors,including procurements of material and leases of equipment, The Consultant shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including
employment practices when the contract covers a program set forth in Appendix;E of the Regulations.
E. Solicitations for Subcontracts Including Procurements of Materials and Equipment, In all solicitations made by
the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract„
including procurements of materials and leases of equipment„each potential subcontractor or supplier shall be
notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to �
nondiscrimination on the basis of race,color,national origin,.sex,age,disability,religion or family status,
F. Information and Reports. The Consultant will provide all information and reports required by the Regulations,or
directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of in
information,and its facilities as may be determined by the Local Agency,Florida Department of Transportation.
Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,andlor Federal
Motor Carrier Set ety Administration to be pertinent to ascertain compliance with such Regulations,orders and
instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or
refuses to famish this information,the Consultant shall so certify to the Local Agency,Florida Department of
Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,
andlor the Federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to
obtain the information.
G. Sanctions for Noncompliance; In the event of the Consultant's noncompliance with the nondiscrimination W
provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department
of Transportation,Federal Transit Administration,Federal Aviation Administration,andror Federal Motor Carrier 00
Safety Administration may determine to be appropriate,Including,but not limited to,
h
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1. withholding of payments to the Consultant under the contract until the Consultant complies andlcr �
2, cancellation,termination or suspension of the contract,in whole or in part,
H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every
subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order,
or instructions issued pursuant thereto. The Consultant shall take such action.with respect to any subcontract or '
procurement as the Laical Agency,Florida Department of Transportation,Federal Highway Administration,federal y
Transit Administration,Federal Aviation Administration,andror the Federal Motor Carrier Safety Administration may
direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant N
becomes involved in,or is threatened ,with,litigation with a subconsuttant or supplier as a result of such direction,
the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local
Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the
interests of the United States,
I. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d at
seq.,79 stat.252).(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Fart 21;The Uniform �
Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment
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LOCAL AGENCY PROGRA�l FEDER.,,kL-AID TEM,lS 375-04"4
For PROFESSIONAL SERVICES CONTRA(Is PROGRAM MANAGEMENT
04115
Page 2 of 3
of persons displaced or wficso property has been acquired because of Federal at Federal-aid programs and projects)� LI)
Federat-Aid Highway Act of 1973,(23 U.SZ�§324 at seq,),�prohibits discrimination on the basis of sex):Section
504 of
the Rehabilitation Act of 1973,(29 U-S,C.§794 of seq.),as amended,(prohibits discrimination on the basis of disability);
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U,S.C� § 6101 et seq�),
(prohibits
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC§471,Section 47123).as 0
amended,(prohibits discrimination based on race,creed,coWr,national origin, or sex):The Civil Rights Restoration Act
of 1987,(PL 100-209),(Broadened the scope.coverage and applicability of Title V1 of the Civil Rights Act of 1964,The 'ru
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973. by expanding the definition of the C
terms'programs or activities"to include all of ft programs or activities of the Federal-aid recipients,sub-tetipfents and .2
contractors, whether such programs or activities are Federally funded or not); Titles It and III of the Americans with M
Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private
transportation systems, places of public accommodation,and certain testing entities(42 U,S.C.§§ 12131
-- 12189)as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
basis of race, color,
Administration's Non-discrimination statute (49 U,S,C� § 47123) (prohibits discrimination on the
national origin, and sex): Executive Order 12898, Federal Actions to Address Environmental Jusfice in Minority
Populations and Lo,v-Jncorne Populations, which ensures rion-discriminafion against minority populations by
discouraging programs,policies,and activifieswith disproportionately high and adverse human health or environmental
effects on minority and low-income ipopulations�Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discriminabon includes discrimination
because of limited English proficiency(LEP), To ensure compliance voilth Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100)�Tide IX of the
Education Amendments of 1972. as amended, which prohibits you frorn discriminating because of sex in education 0)
programs or activities(20 U.S.C.1681 et seq). E
J. Interest of Members of Congress. No member of or delegate to the Congress of the United Stateswilt be
admitted to any share or part of this contract or to any benefit arising therefrom, E
K. Irderest of Public Officials: No rriember,officer,or employee of the public body or of a local public body during his
tenure or for one year ft. reafter shall have any interest,direct or indirect,in this contract or the proceeds thereof.
For purposes of this provision,public body shall include municipalities and other political subdivisions of States-,and
public corporations,hoards,and commissions established under the laws of any Stale, 0
L Participation by Disadvantaged Business Enterprises� The Consultant shall agree to abide by the following
statement from 49 CFR 26,113(b�. This statements shall be included in all Subsequent agreements between the
Consultant and any subconsultant or contractor,
The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race.color-national 0
origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT-assisted contracts Failure by the Consultant to >
carry out these requirements is a material breach of this contract,which may result in termination of this 0-
contract or other such remedy as the recipient deems appropriate.
M. It is mutually understood and agreed that the willful falsification,distortion or misrepresentationwith respect to any <
facts related to the pfctect(s�described in this Agreement is a violation of the Federal Law. Accordingly, United
States Code,Title 18,Section 1020,is hereby incorporated by ref erence and made a part of this Agreement,
N It is understood and agreed that if the Consultant at any lime learns that the cerlification it provided the Local
Agency in compliancewith 49 CFR,Section 26,51,was erroneous when Submitted or has become erroneous by
reason of changed circumstances,the Consultant shalt provide immediate written notice to the Local Agency,it is
further agreed that the clause titled"Certification R ding Debarment,Suspension,Ineligibility and Voluntary
,,et?,'Ir,in 49 CFR,Section 29ZIO,shall be included by the
Exclusion-Lower Tier Covered Transaction"as oil
Consultant in all lower tier covered transactions and in all aforementioned federal regulation. X
0. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency,directly or indirectly as an express or implied condition in connection with obtaining or
carrying out this contract,to >
(A)
1. employ or retain,or agree to employ or retain,any firm or person,or
2. pay.or agree to pay,to any firm, person.or organization,any fee.contribution,donatiOn,or consideration
of any kind:
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The Local Agency further acknowledges that this agreement wilt be furnished to a federal agency.in connection
with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws,
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LOCAL AGENCY PROGRAM FEDERAL-AID TEEMS 37504o-sa �
For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT
04115
Pap 3 of 3
both criminal and civil.
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P. The Consultant hereby certifies that it has not:
1. employed or retained for a commission,percentage,brokerage.contingent tee.or other consideration,any
firm or person(other than a bona fide employee working solely for the above contracture to solicit or secure
this contract;.
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2, agreed,as an empress or implied condition for obtaining,this contract,to employ or retain the sarAces of any
firm or person in connecton ith carrying out this contract,or
3, paid,or agreed to pay,to any fitter,organization or person(other than a bona fide employee working solely for
the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency,the State of
Florida Department of Transportation and a federal agency In connection with this contract involving participation
of Federal-Aid funds,and is subject to applicable State and Federal Laws,both criminal and civil. —
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Revised 01/2015 APPENDICES A and E
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During the performance of this contract,the contractor,for itself, its assignees and successors in _
interest(hereinafter referred to as the"Contractor')agrees as follows:
(1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein 0
incorporated by reference and made a part of this Agreement.
(2.)Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
or family status in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix 6 of the
Regulations.
(3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment:
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment;each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race,color,national origin,sex,age,disability,religion or family status.
(4)Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto.and shall permit access to its books,
records,accounts„other sources of information,and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit y
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety i
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify,to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit >
Administration, Federal Aviation Administration, andlvr the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
Information.
(5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the r
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety r
Administration may determine to be appropriate,including,but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies,and/or
b. cancellation,termination or suspension of the contract,in whole or in part. y
(6.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) y
through (7) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
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Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with, N
litigation with a sub-contractor or supplier as a result of such direction, the Contractor may CD
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
76
(7.)Compfiance with Nondiscrirgination Statutes and Authorities. Title VI of the Civil Rights
Act of 1964(42 U.S.C.§2000d et seq.,78 stat. 252). (prohibits discrimination on the basis of
race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), _
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); >_
and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended, (42 U.S.C.§6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race,
creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms"programs or activities"to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189)as implemented by Department of
Transportation regulations at 49 C.F.R.p g parts 37 and 38; The Federal Aviation y
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income Populations, which
ensures non-discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); r
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq).
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ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
for Federal Aid Contracts N
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aTs-osoaa t8
PROCUREMENT
10101
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CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
4—
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to an g attempting g y person for influencing or attem tin to influence an officer or
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's y
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
03
The prospective participant also agrees by submitting his or her proposal that he or she
shall require that th2 language of this certification be included in all lower tier
subcontracts,which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
Name of Consultant:
By %-4y. s• Date: t auth ' Signature y
Title: bC®ti.. y i,_. , $u
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375P-32
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PRo -03cuREMENT
11115
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200) N
It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor: `f'• M,,)r
By,
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Date: I d 9
Title: ►iu a`• 4., V 9,_1,
Instructions for Certification
Instructions for Certification-Lower Tier Participants:
(Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost$25,000 or more-2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below.
b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated C
may pursue available remedies,including suspension and/or debarment.
c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
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d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal y
is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower
Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts).
"First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). >
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e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or '✓
agency with which this transaction originated. r
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f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without r
modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that cn
the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or
otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any y
lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website
(https://www.epls.gov/),which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in theordinary course of business dealings.
I
I. Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
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C.13.c
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030X
CONFLICT OF INTERESTMONFIDENTIALITY CERTIFICATION PROCUREMENT
oGc—a3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that 1 N
will recuse myself from any capacity of decision making,approval,disapproval.or recommendation on any contract if I have a conflict of CD
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective fair,and impartial decisions when performing work for
the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs,or to revrard a past decision.Consultants
performing work for the Department should avoid any conduct(whether in the context of business..financial,or social relationships)
which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation('.Department")related to
the procurement of the above referenced('Project")that I gain access to as a result of my involvement with the Project("Procurement �
information').I understand that Procurement Information includes,but is not limited to.documents prepared by or for the Department
related to procurement of the Project.I also understand that Procurement Information Includes,but is not limited to,documents
submitted to the Department by entities seeking an award of the Project("Proposers'),I understand that Procurement Information may
Include documents submitted by Proposers related to letters of responselletters of interest,technical proposals,price proposals,
financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers,and information regarding project cost estimates.I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney general,I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiatity Certification which has been
approved by the Department("Project Personnel') I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such
request to the Department's Procurement Office.1 will also maintain security and control over all documents containing Procurement �
Information,which are in my custody.
I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under
consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering,pursuant to Section 838 22,Florida Statutes. y
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I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 83$22,Florida Statutes..
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Advertisement No./ Description Financial Project Number(s)
Solicitation No >
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Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. '
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Printed Names A Sig atures Date
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