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10/09/2020 Agreement
ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: GSG Contract 9 Effective Date: Upon Execution Expiration Date: Upon Termination Contract Purpose/Description: GSG shall provide professional services which shall include but not be limited to providing assistance in setting up the potential special assessment program to fund Sea Level Rise (SLR) construction, operation and maintenance for the potential SLR Assessment Program, which services shall collectively be referred to as the "Project". The first two project to be researched shall be the two pilot roads elevation projects of Twin Lakes and Sands subdivision. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Rhonda Haag 4774 26 (Name) (Ext.) (Department/Stop 9) CONTRACT COSTS Total Dollar Value of Contract: $ 49,999.99 Current Year Portion: $ NTE (must be less than$50,000) Not to (If multiyear agreement then 49,999.99 requires BOCC approval,unless the Exceed total cumulative amount is less than $50,000.00). Budgeted? Yes® No ❑ Account Codes: 102-22562-530340 Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities, janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head Yes❑ No© , 10/02/2020 Risk Management 10-6-2020 yes❑ No® Z- 10-6-2020 O.M.B./Purchasing 1017120 yes❑ No x❑ C1WYStTu'y war ckeU 1017120 County Attorney Yes❑ No❑ Insurance Required: YES ® NO ❑ Comments: AGREEMENT FOR PROFESSIONAL SERVICES FOR NON AD-VALOREM SPECIAL ASSESSMENT PROGRAM October This Agreement ("Agreement") made and entered into this 09 day of Sepk5mbe"2020 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as"COUNTY,"through the Monroe County Board of County Commissioners ("BOCC"), AND Government Services Group, Inc. a corporation of the State of Florida, whose address is 1500 Mahan Drive, Suite 250, Tallahassee, Florida 32308, its successors and assigns, hereinafter referred to as"CONSULTANT', WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for assessment program services; and; WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing assistance in setting up the special assessment program to fund Sea Level Rise (SLR) construction, operation and maintenance for the SLR Assessment Program, which services shall collectively be referred to as the"Project"; 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: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Scope of Work and information sources available to complete the work. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in collecting non-ad valorem special assessments by the uniform method and shall be in conformity and comply with all applicable law, codes, and regulations. The CONSULTANT warrants that the non- ad valorem assessment roil prepared as a part of this Agreement will be in a format that is acceptable to Monroe County Tax Collector. 1 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to their performance and those directly under their employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. ARTICLE 11 SCOPE OF BASIC SERVICES AND TERM OF THE AGREEMENT 2.1 SCOPE OF SERVICES CONSULTANTS Scope of Basic Services consist of those described in Appendix A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The services described in Appendix A will be performed for assessments to be collected beginning in Fiscal Year (FY) 2022- October 1, 2021. In addition, after initial adoption of the assessment(s), GSG shall provide professional services for the ongoing annual SLR assessment program described in Appendix B. 2.2 TERM OF AGREEMENT This Agreement shall become effective upon the signature of the duly authorized representative of the County and GSG, and shall remain in effect until terminated by the parties, 2.3 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.4 NOTICE REQUIREMENT All written correspondence -to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Roman Gastesf Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant. David G. Jahosky, Managing Director Government Services Group, Inc- 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III are not included in the Basic Scope of Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Scope of Services and are as follows: 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.. 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 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. 4.2 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. 4.3 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's scope of services and deliverables, No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.4 The COUNTY shall provide copies of necessary documents and information as needed to complete the work. 4.5 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested, ARTICLE V 3 INDEMNIFICATION AND HOLD HARMLESS 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, errors, or any other wrongful act or omission of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 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. 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 documents provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated-, NAME FUNCTION Camille Tharpe Project Oversight Sandi Walker Project Oversight and Management Xavier Rodriguez Management/Data Analysis/Programming David Ge Jahosky Project Director So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. 6.1.1 E-Verify System -Beginning January 1, 2021, in accordance with F.S. 448.095, the CONSULTANT and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subcontractors 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 work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall 4 provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien; The CONSULTANT shall comply with and be subject to the provisions of F.S. 448,095 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates and schedule negotiated and agreed upon and shown in Appendix A and B, The annual payment sum under this Agreement shall not exceed $49,999.99 without the prior approval of the Monroe County Board of County Commissioners. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly and in accordance with payment schedule set forth in Appendix A and B. 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 a proper invoice to COUNTY, with supporting documentation that is acceptable to the Clerk, requesting payment for services properly rendered and reimbursable expenses due hereunder. Acceptability to the ,Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The 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 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, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports. 5 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 -September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANTS 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 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or$100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 per Person, $1,00,000 per Occurrence, $100,000 Property Damage or$1,000,000 Combined Single Limit, 6 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 48 months following the termination or expiration of this contract. E. Professional liability insurance of$1,000,000 per occurrence and $2,000,000 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. 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 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY, ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only,, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement; except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. S. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(34) days written notice of its intention to do so. 9.6 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing; CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287,133, Florida Statutes, as a public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 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. 9.9 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books,, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT;. the CONSULTANT shall repay the monies together with 8 interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.10 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 161' 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 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 INDEPENDENT CONTRACTOR CONSULTANT and its employees and agents and any subconsultants and their employees and agents, shall be deemed to be independent contractors and not agents or employee of the COUNTY; and shall not attain any rights or benefits generally afforded classified or unclassified employees; further they shall not be deem to be entitled to Florida Workers Compensation benefits as employees of the COUNTY- At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9.13 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this 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 attomey's fees„ courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions,, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns.. 9 9.14 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. 9.16 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONSULTANT and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement, 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable„ relating to nondiscrimination, These include but are not limited to: 1)Title VI I of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin, 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss, 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI II of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note),, as may be amended from time to time, 10 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,this Agreement. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.20 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.21 NO SOLICITATIONIPAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC RECORDS COMPLIANCE CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT 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 CONSULTANT 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 CONSULTANT. Failure of the CONSULTANT 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 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 CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: �t (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 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 the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the 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 CONSULTANT. A CONSULTANT 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 section119.10, Florida Statutes. The CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(&MONROECOUNTY-FL GOV, MONROE COUNTY 12 ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY 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 of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial 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. 9.26 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law, 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement, 9.27 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, Vendor Certification Regarding Scrutinized Companies List, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate„ complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other 13 factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Dlgltally signed by Ronan Gan" Roman DN.M-RO nan GattesL o-h8omoe County BDCC,ou.Counly a stesi lindw nsVanmecoeu.b.lua v, (V� lvtd aevanaoecmurory-�I.gm.a.e.lFS By: Date.S@ .9Q.Ct4g@:5 5-0 t4406 mONROE COVNV AVORNEY County Administrator = TD CHMSTMEclb9M ARSIOWS ASS ArMILNEY Date: DAYS: IM112rs q Government Group Services, Inc. Aft: BY: B °" � David G. J os -title'. _ Title: Managing Director END OF AGREEMENT 14 AppEndix SERVICESGSG SCOPE OF CAPITAL IMPROVEMENTS T TO SEA LEVEL RISE MITIGATION PHASE 1 'task 1. Evaluate Proposed Sea Level Rise Improvements Project Determine and obtain the necessary data to develop apportionment methodology. Locate the proposed improvements and determine the benefited properties. Evaluate the proposed project to determine and obtain the data and information necessary to develop an assessment methodology approach. Such data may include the GIS database,tax roll information and existing and future land-use data. Using the data, determine the preliminary location of the proposed improvements to serve as a basis for identifying geographic areas benefited by the improvements. Task 2: Develop a Preliminary Apportionment Methodology Using the data and criteria established by County staff and officials,GSG will develop a preliminary apportionment methodology based on the proposed projects,their location and properties benefited by the projects. Task 3: Create a Preliminary Database Using the most current ad valorem tax roll, create a preliminary database.Augment the database with other pertinent data determined to support the apportionment methodology. Task : Determine the Assessment Revenue Requirements Review the funding requirements of the proposed improvements, including financing or debt service requirements. Based on these funding requirements,determine the total assessment revenue requirements for the proposed projects including program implementation costs and annual costs. Task 5: Apply Apportionment Methodology to Preliminary Database Apply the preliminary apportionment methodology to the preliminary database to test the data validity and sufficiency. Modify the database and/or revise the apportionment methodology as necessary. Task : Calculate a Proforma Schedule of Rates Calculate a proforma schedule of rates based on the apportionment methodology and revenue requirements for the assessment program. Provide alternative revenue scenarios if required. Task T: Prepare Assessment Memorandum Prepare an Assessment Memorandum which documents proposed apportionment methodology and proforma assessment rates. PHASE Task : Assist with Legal Documents Advise and assist the County's legal counsel in drafting of the implementing resolutions. Task 9: Advise and Assist with Implementation Requirements Advise and assist with the legal requirements for adoption of the maximum annual rates and certification of the assessment roll in accordance with the Uniform Method including: (a) the development of the first-class notice and its distribution, (b) publication of the public hearing, (c) attendance at the public hearing and (d)certification of the assessment roll to the Monroe County Tax Collector. Task 10: Assist in Prepayment Process GSG will advise and assist with the prepayment process including preparation and mailing of the prepayment notices and provision of a table or spreadsheet for County staff to track prepayments. Task JI: Prepare and Transmit the Final Assessment Roll GSG will prepare the final assessment roll that will implement the assessment program and will transmit the roll in electronic format to the Monroe County Tax Collector. FEES AND COSTS For the professional services and specialized assistance provided by GSG, we will perform the work on an hourly fee basis at our standard hourly rates as outlined below,with a not-to-exceed amount of$49,999. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. SeniorAdvisor............................................................................................$285 Vice President/Managing Director...........................................................$285 Assistant Director ......................;...............................................................$235 Project Manager/Project Coordinator......................................................$185 Database Analyst/Technical Services......................................................$150 LeadProject Analyst..................................................................................$100 ProjectAnalyst...........................................................................................$ 90 Administrative Support..............................................................................$ 75 The not-to-exceed fee does not Include the costs of producing and mailing first class notices (or prepayment notices),If required,Mailirg and production costs depend on the number of assessable parcels of property within the assessmem program area, but average approximately $1.40 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate. Should U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. The County is responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. The County is responsible for working with the Property Appraiser to obtain the necessary information for properties with exempt"home addresseso pursuant to Section 1.19.07.1, Florida Statutes. The County is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges In an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the not-to-exceed fees outlined above for professional services do not include any provision for litigation defense.Accordingly,in the event there is a legal challenge,GSG would be available,on an hourly basis,to assist the County in its defense. Appendix SCOPE OF SERVICES Provide services for the annual maintenance and certification of the non-ad valorem special assessment rolls for Sands and Twin Lakes Sea Level Rise Capital Assessment Programs. Consultant will provide ongoing administrative services for update and maintenance of the databases necessary to create and certify the final assessment roll on an annual basis in compliance with statutory timefraes and develop an end-of-year report for County staff. The scope also includes the maintenance of an online database for County staff to create pay off memos and enter payoffs that are received. The Consultant will manage the database annually by providing the County with a list of payoffs received. Annual services are for an initial five-year period and include an option to extend for an additional five-year period.The lump sum annual maintenance fees for Fiscal Years 2022-23 through 2026-27 will be determined after implementation of the Sands and Twin Lakes Sea Level Rise Capital Assessment Programs are implemented FY 2021-22. The fee for professional services will not include any on-site visits by GSG. Any requested on-site meetings by GSG staff may be arranged at our standard hourly rates provided below. All expenses related to these requested meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP,INC. SeniorAdvisor............................................................................................$25 Vice President/Managing Director...........................................................$285 Assistant Director .....................................................................................$235 Project Manager/Project Coordinator......................................................$185 Database Analyst/Technical Services......................................................$150 LeadProject Analyst..................................................................................$1.00 ProjectAnalyst.......................................................................................... 90 AdministrativeSupport.............................................................................. 75 Reimbursable penes All expenses related to on-site meetings will be billed In accordance with Florida Statute 112.061 and Monroe County Ordinance 004-2004. Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Receipts showing a zero balance are required for airfare, hotel and car arrangements. Boarding passes must be submitted for air travel. The Monroe County per diem for breakfast, lunch, and dinner are $6.00, 11.00,-and $1 .00, respectively. Monroe County does not reimburse for parking at or travel to the destination airport. ^* GOVESER-01 CRYSTA! CERTIFICATE OF LIABILITY INSURANCE DATE{M 1o161aoao2020"' � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer ri hts to the certificate holder in lieu of such ee�ngdorsement(s). PRODUCER a NAME:CT Earl Bacon Agency,Inc. PHONE E><:l:(850}878-2121 �A X,No}:(850}878-2128 Post Office Box 12 RI iss: Tallahassee,FL 32317 317 INSURER(S)AFFORDING COVERAGE NAIC 9 _ INSURER AThe Phoenix Insurance Company 25623 INSURED INSURERB:Auto-OWnem Insurance Company ,. 18988. Government Services Group Inc. INSURER C:The Travelers Indemnity Company 25658 Kathy Lindsay 1600 Mahan Dr.,#250 INSURER D.Zenith Insurance Company 13269_ Tallahassee,FL 32308 INSURER F.Scottsdale Indemnity Company INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE _ ADDL SUERINSD -.. .POLICY NUMBER _ POLICY EI:F_.. POLICY EXP LAMML LIMITS A X COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE S CLAIMS-MADE X OCCUR 6807521H602 1111/2019 111112020 DAMAGETEENT�e , 300,000 ( €cel s X Total Gen Agg 10,000 5,000 _ MEo EXP An,urs9 r S PERSONAL d AOV INJURY S 2,000,000 APPROVED RISK MANAGEMENT 4,000,000 GEN'LAGREGATELIRMpITAPPL➢ESPER GENERALAGGRE AGGREGATE $ POLICY X JECT L '"'"'-" PRODUCTS« MEtpPAGG 5 4,000,000 .:OTHER. _ 5 ® AUTOMOBILE LIABILITY ,COMBINED 1S NGLE LIMIT_. 5 1,000,000 X ANY AUTO X 4853169600 911/2020 911/2021 ®ODILY INJURY gperperspn) 5 OWNED SCHEDULED AUTOS ONLY AUTOS oo OILY INJURY_{per a enl 5 'ALP ONLY '..MOM� Y �erramd.l AMAGE S 'S C X '.. UMBRELLA LIAR X OCCUR EACH OCCURRENCE _,5 10,000,000 EXCESS LIAB CLAIMS-MACE', X CUP2431YS141942 11/112019 11/1/2020 AGGREGATE S 10,000,000 D X RETENTIONS 5,00 0c ___ ._. _ D WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'UABRITY YIN '..STATUTE... ... ANY PROPRIETgER AR EPJE%ECUTIVE Z134103504 3/17/2020 311712D21 1,000,001) pFFIC�E�F�n NH) CLUDEDT NIA E.L.EACH ACCIpENT $ 1,000,000 an a o L.DISEASE-EA EMPLOYEE S Ir descnhe u 1,000 D00 CRIPTI N F PERATI N botow E.L.M E•POLICY LIMIT S A ',Crime 6807621H602 11/1/2019 11/112020 50,000 E ',Professional Liab EK13342637 811212020 811212021 'Retention$15,000 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County 1111 12th Street Suite 408 �iVf••• Lam,,. ACORD 25(2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD