Item Z02 �s Z.2
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: Z.2
Agenda Item Summary #9851
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
n/a
AGENDA ITEM WORDING: Approval of an Agreement with KCI Technologies, Inc. for
Continuing Professional Surveying Services.
ITEM BACKGROUND: Project Management requires continuing surveying services for various
small County projects on an on-going basis. An RFQ for Continuing Professional Surveying
Services was advertised in July 2021. On August 25, 2021, the County received eight (8) responses
to the RFQ. A selection committee met on October 1, 2021, to evaluate and rank the eight (8)
proposals. KCI Technologies, Inc. was the third highest ranked respondent to the RFQ. This
Continuing Services Agreement is for four (4) years with an option to renew for one (1) additional
year.
PREVIOUS RELEVANT BOCC ACTION:
7/15/20 — BOCC gave approval to advertise an RFQ for Continuing Engineering & Surveying
Services.
12/9/20 — BOCC gave approval to reject ranking determination and re-advertise as two (2) separate
RFQs.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Agreement KCI Tech—legal stamped
FINAL Ranking Sheet signed
Bid Tab_8.25.21
KCI Technologies Proposal
FINANCIAL IMPACT:
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Effective Date: 10/20/21
Expiration Date: 10/20/25
Total Dollar Value of Contract: TBD—based on individual task orders issued as needed
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted: yes
Source of Funds: various
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: Yes
Additional Details:
n/a
REVIEWED BY:
Cary Knight Skipped 10/08/2021 11:08 AM
Kevin Wilson Completed 10/08/2021 4:30 PM
Joseph DiNovo Skipped 10/12/2021 10:18 AM
Patricia Eables Completed 10/12/2021 10:39 AM
Kevin Wilson Completed 10/12/2021 10:46 AM
Purchasing Completed 10/12/2021 12:20 PM
Budget and Finance Completed 10/12/2021 12:47 PM
Maria Slavik Completed 10/12/2021 1:40 PM
Liz Yongue Completed 10/12/2021 3:45 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
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AGREEMENT FOR
Continuing Professional Surveying Services
This Agreement ("Agreement") made and entered into this 20t" day of October, 2021 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
KCI Technologies, Incorporated, a Delaware Corporation authorized to do business in the State c
of Florida, whose address is 4041 Crescent Park Drive, Tampa, Florida, 33578, its successors
and assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH: v;
WHEREAS, the COUNTY desires to employ the professional services of the c
CONSULTANT for various County Projects located in Monroe County, Florida; and
WHEREAS, the CONSULTANT has agreed to provide professional services for r
miscellaneous projects in which construction costs do not exceed $250,000.00, or for study is
activity if the fee for professional services for each individual study under the contract does not
exceed $25,000.00.
The professional services required by this Contract will be for services in the form of a continuing E
contract, commencing the effective date of this agreement and ending four years thereafter, with 2
an option for the COUNTY to renew for one additional 1-year period. W
Specific services will be performed pursuant to individual task orders issued by the 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 n
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to the CONSULTANT to proceed with the services described in the Task
Order.
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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.
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, the COUNTY and the CONSULTANT agree as follows:
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ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, the 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 the CONSULTANT for the Project until the CONSULTANT's duties
hereunder have been fully satisfied.
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
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1.1.3 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
accurate, coordinated and adequate for use in verifying work completed and shall be in
conformity and comply with all applicable law, codes and regulations. The CONSULTANT
warrants that the documents prepared as a part of this Agreement will be adequate and c
sufficient to accomplish the purposes of the Project and to document costs in a manner
that is acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information or design elements in the contract _
documents.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to its performance and those directly under its employ.
1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the BOCC to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
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1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for is
Monroe County. No statement contained in this agreement shall be construed so as to i
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. E
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
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ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT will perform for the COUNTY services as described in individual task orders in
accordance with the requirement outlined in the Agreement and the specific Task Order.
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 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 COUNTY by certified
mail, return receipt requested, to the following:
Mr. Cary Knight.
Director of Project Management
Monroe County E
1100 Simonton Street Rm 2-216
Key West, FL 33040
Mr. Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
And: County Attorney ®i
1111 12th Street, Suite 408
Key West, Florida 33040
For the Consultant:
Jim Gellenthin, PSM 0)
KCI Technologies, Inc. 2
5835 Blue Lagoon Drive, Suite 303
Miami, Florida 33126
Notice is deemed received by CONSULTANT when hand delivered by national courier
with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or
non-acceptance of delivery.
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ARTICLE III
ADDITIONAL SERVICES
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.
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.
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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, maps. c
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4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to avoid
unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents e®
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.
0)
4.6 The COUNTY shall provide copies of necessary documents required to complete the 2
work.
4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY
has immediate access will be provided as requested.
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless the 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 a
conduct 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. Should any claims be asserted against the COUNTY
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the COUNTY's behalf.
v;
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 c
insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against the COUNTY
by virtue of any deficiencies or ambiguity in the plans and specifications provided by the _
CONSULTANT, the CONSULTANT agrees and warrants that the CONSULTANT shall
hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and
shall further defend any claims or action on the COUNTY's behalf.
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.
5.6 FDEM Indemnification
To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold
harmless the COUNTY and State of Florida, Department of Emergency Management, and
its officers and employees, from liabilities, damages, losses and costs, including, but not �I
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the CONSULTANT and persons
employed or utilized by the CONSULTANT in the performance of this Contract. is
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This indemnification shall survive the termination of this Contract. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the E
(County) Agency's sovereign immunity. 2
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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
James Gellenthin, PSM _Project Principal
Benjamin B. Hoyle, PSM_ _Project Manager
Paul "Rich" Jackson, PSM_ _Senior Project Surveyor
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So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced, the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the �--
CONSULTANT's performance of this Agreement based on the hourly rates outlined in
Attachment B, or a Not to Exceed Amount negotiated at the time of performance.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set ®i
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act, Section 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 0)
or downward. 2
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the E
COUNTY, a proper invoice to the 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
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documentation or data in support of expenses for which payment is sought as the
COUNTY may require.
(C) The CONSULTANT shall submit to the COUNTY invoices with supporting
documentation that are acceptable to the Clerk of Courts. 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.
7.3 REIMBURSABLE EXPENSES
Allowable Reimbursable expenses will be separately identified in each task order and are
subject to the maximum allowable contract amount. Travel expense reimbursements are
subject to the limitations of Section 112.061, Florida Statutes.
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7.4 BUDGET
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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 the Monroe County Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the Monroe County
Board of County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement is
providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. i
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY. E
8.3 The 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.
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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 $300,000 per occurrence, $200,000 per person, and $200,000
property damage, or$300,000 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 Combined Single
Limit.
c
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 12 months following the acceptance of work
by the COUNTY. .
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E. Professional Liability insurance of $500,000 per occurrence and $1,000,000 annual
aggregate. If coverage is provided on a claims made basis, an extended claims
reporting period of four (4) years will be required. Recognizing that the work governed
by this contract involves the furnishing of advice or services of a professional nature,
the CONSULTANT shall purchase and maintain, throughout the life of the contract,
Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission
of the CONSULTANT arising out of work governed by this contract.
F. The COUNTY shall be named as an additional insured with respect to the
CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs
C and D.
G. The 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 the COUNTY during the term of this Agreement. The COUNTY will not pay
for increased limits of insurance for subconsultants.
H. The 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.
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ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience for
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.
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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.
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 y
The Contract may be terminated by the Owner as follows:
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.
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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.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with the CONSULTANT should the CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide the CONSULTANT with seventy-two (72) hours' notice and provide the
CONSULTANT with an opportunity to cure the breach that has occurred. If the breach
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is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT
the sum due the CONSULTANT under this agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for damages
caused by the breach. The maximum amount due to the CONSULTANT shall not in
any event exceed the spending cap in this Agreement. In addition, the COUNTY
reserves all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for violation
of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the
Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the
COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay
the CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to the CONSULTANT shall not
exceed the spending cap in this Agreement.
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E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines
that the CONSULTANT has submitted a false certification under Section 287.135(5),
Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel
List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1)
terminating the Agreement after it has given the CONSULTANT written notice and an
opportunity to demonstrate the agency's determination of false certification was in
error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the COUNTY determines that the
CONSULTANT submitted a false certification under Section 287.135(5), Florida
Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with
Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or y
Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has
given the CONSULTANT written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
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9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, and attachments "A:
Consultant Scope Of Services" and "B: Hourly Rates', 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.
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9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of
real property to 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, the 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, the 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 the CONSULTANT has been placed on the
convicted vendor list.
The 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.
9.8 MAINTENANCE OF RECORDS
The 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 ten (10) years y
from the termination of this agreement or for a period of five years from the submission of
the final expenditure report as per 2 CFR §200.333, whichever is greater. 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 the
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.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available); subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc);
original estimates; estimating work sheets; correspondence; change order files (including
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documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends; any other supporting evidence deemed necessary by
the COUNTY or the Monroe County Office of the Clerk of Court and Comptroller
(hereinafter referred to as "County Clerk") to substantiate charges related to this
Agreement, and all other agreements, sources of information and matters that may in the
COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to
any matters, rights, duties or obligations under or covered by any contract document (all
foregoing hereinafter referred to as "Records") shall be open to inspection and subject to
audit and/or reproduction by the COUNTY's representative and/or agents of the County
Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers,
and contractors' representatives. All records shall be kept for ten (10) years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit
of records, assets, and activities relating to this Project. If any auditor employed by the
COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant
to this Agreement were spent for purposes not authorized by this Agreement, the .
CONSULTANT shall repay the monies together with interest calculated pursuant to
Section 53.03, Florida Statutes running from the date the monies were paid to the
CONSULTANT. The right to audit provisions survive the termination or expiration of this
Agreement.
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, the COUNTY and the CONSULTANT
agree that venue shall lie in the 16th 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 y
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and the
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.
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9.11 ATTORNEYS FEES AND COSTS
The COUNTY and the 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, and court costs, as an award against the non-prevailing party, and shall
include attorney's fees, and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and the 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.
v;
9.14 CLAIMS FOR FEDERAL OR STATE AID
0
The CONSULTANT and the 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 affect the Project will be
provided to each party.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This provision does not negate or waive the provisions
of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or y
cancellation.
9.16 COOPERATION
In the event that any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and the 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. The
COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY E
The CONSULTANT and the 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
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terminates without any further action on the part of any party, effective the date of the court
order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits
discrimination in employment on the basis of race, color, religion, sex, and national origin;
2) Title IX of the Education Amendment of 1972, as amended (20 USC§§ 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 § 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
§§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I I of the Civil
Rights Act of 1968 (42 USC §§ 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 §§ 12101, Note), as may be amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
1) The CONSULTANT will not discriminate against any employee or applicant for y
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The CONSULTANT will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion or transfer,
,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The CONSULTANT agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth the provisions of this nondiscrimination
clause.
2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the consultant, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
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3) The CONSULTANT will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
consultant's legal duty to furnish information.
0
4) The CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union orworkers'
representative of the consultant's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment. .
0
5) The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The CONSULTANT will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
7) In the event of the CONSULTANT's non-compliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this y
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The CONSULTANT will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subconsultant or vendor. The CONSULTANT will take such action
with respect to any subconsultant or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the
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CONSULTANT becomes involved in, or is threatened with, litigation with a
subconsultant or vendor as a result of such direction by the administering
agency the CONSULTANT may request the United States to enter into such
litigation to protect the interests of the United States.
9.18 COVENANT OF NO INTEREST
The CONSULTANT and the 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
0
The COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information. .
0
9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES
The CONSULTANT warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2 of
Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
9.21 NO SOLICITATION/PAYMENT
The CONSULTANT and the 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 i
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, 0)
gift, or consideration. 2
9.22 PUBLIC ACCESS.
The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the CONSULTANT and the COUNTY in connection with this Agreement; and the
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COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as
"Contractor' for this provision only:
Public Records Compliance. The Contractor 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 the 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 the 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 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 Records
Law in order to comply with this provision.
Pursuant to F.S. 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 chapter or as 2
otherwise provided by law. W
(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 Contractor of the request, and the
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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 COUNTY 2
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.
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.
0
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#305-292-3470
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
9.23 NON-WAIVER OF IMMUNITY �--
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the COUNTY be required to contain any ®i
provision for waiver.
9.24 PRIVILEGES AND IMMUNITIES
i
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 0)
apply to the activity of officers, agents, or employees of any public agents or employees 2
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 E
employees outside the territorial limits of the COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
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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.
c
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
The CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require, including, but not limited to, a Public Entity Crime Statement, an Ethics Statement,
Non-Collusion Statement and a Drug-Free Workplace Statement. Signature of this
Agreement by the CONSULTANT shall act as the execution of a truth in negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation
pursuant to the Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must be made within one year following the end of the Agreement.
9.28 NO PERSONAL LIABILITY y
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.
i
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.
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9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have the opportunity to participate in the performance of contracts financed in whole
or in part with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and the
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with 2 C.F.R. § 200.321, as set forth in
detail below, applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subconsultants 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.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS
a. If the CONSULTANT with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONSULTANT shall take the following affirmative steps to assure that minority c
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include: r
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises; --
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; y
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime consultant, if subconsultant's are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
i
9.31 E-Verify System, Beginning January 1, 2021, in accordance with Section 448.095, Florida
Statutes, the CONSULTANT and any subconsultant 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 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 work authorization status of all new employees hired by the
subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating
that the subconsultant does not employ, contract with, or subconstruct with an unauthorized
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alien. The CONSULTANT shall comply with and be subject to the provisions of Section
448.095, Florida Statutes.
9.32 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R Part 200, as
amended, including but not limited to:
9.32.1 Clean AirAct(42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C.
§§7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the
appropriate Regional Office of the Environmental Protection Agency (EPA). The
Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of
amounts in excess of $150,000. The contractor agrees to include these
requirements in each subcontract exceeding $150,000 financed in whole or in part
with Federal assistance provided by FEMA/Federal agency. The contractor agrees
to report each violation to the COUNTY and understands and agrees that the
COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
9.32.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program, 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.
31413144 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,
CONSULTANTS must be required to pay wages to laborers and mechanics at a y
rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, CONSULTANTS must be required to pay
wages not less than once a week. If applicable, the COUNTY must place a copy
of the current prevailing wage determination issued by the Department of Labor in
each solicitation, a copy of which is attached hereto as Exhibit "A" and made a
part hereof. 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. When required
by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port Security
Grant Program and Transit Security Grant Program (it does not apply to other
FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the CONSULTANTS, in contracts for construction or repair work above
$2,000 in situations where the Davis-Bacon also applies, must also comply with
the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors
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on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). As required by the Act, each CONSULTANT 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.
i) Consultant. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
ii) Subcontracts. The CONSULTANT or subconsultant shall insert in any
subcontracts the clause above and such other clauses as FEMA may by
appropriate instructions require, and also a clause requiring the subconsultant to
include these clauses in any lower tier subcontracts. The prime CONSULTANT
shall be responsible for the compliance by any subconsultant or lower tier
subconsultant with all of these contract clauses.
iii) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor
must furnish each week a statement with respect to the wages paid each of its
employees engaged in work covered by the Copeland Anti-Kickback Act and the
Davis Bacon Act during the preceding weekly payroll period. The report shall be
delivered by the contractor or subcontractor, within seven days after the regular
payment date of the payroll period, to a representative of a Federal or State agency
in charge at the site of the building or work.
9.32.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs,
all contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, y
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each CONSULTANT must compute the wages of every
mechanic and laborer on the basis of a standard work week of forty (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 forty (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.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
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in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(b)(1) of this section, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency
shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under .
any such contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in paragraph (b)(1) through (4) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.
9.32.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award y
meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
9.32.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract
award under a "covered transaction" (see 2 CFR §180.220) must not be made to
parties listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 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." and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and suspension) SAM Exclusions contains the
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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. SAM exclusions can be accessed at www.sam.gov.
Contractor is required to verify that none of the contractor's principals (defined at
2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the
contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the COUNTY. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to
suspension and/or debarment. Bidders or Proposers agree to comply with the
requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while
this offer is valid and throughout the period of any contract that may arise from this
offer. The Bidder or Proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
v;
9.32.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONSULTANTS 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 recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000.00, the
certification must be signed and submitted by the Contractor to the County.
9.32.7 Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322. The CONSULTANT must comply with section 6002 of the Solid Waste y
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designed in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR, Part 247 that contain
the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds$10,000.00 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000.00; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines. (1) In the performance of this contract, the CONSULTANT
shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired: (i) Competitively within a
timeframe providing for compliance with the contract performance schedule; (ii)
Meeting contract performance requirements; or (iii) At a reasonable price. (2)
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https:// .ep .gov/s /co prehensive-procure ent-guideline-cpg-progr .
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The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
9.32.8 Prohibition on certain telecommunications and video surveillance services or >
equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and
their contractors and subcontractors may not obligate or expend any federal
funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or
obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security purposes,
video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities
or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
9.32.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The
COUNTY and CONTRACTOR should, to the great extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). These requirements of this section n
must be included in all subawards including contracts and purchase orders for
work or products under federal award. For purposes of this section: �I
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. (2) "Manufactured products" means items is
and construction materials composed in whole or in part of non-ferrous metals i
such as aluminum; plastics and polymer-based products such as polyvinyl chloride
pipe; aggregates such as concrete; glass, including optical fiber; and lumber. E
9.32.10 Americans with Disabilities Act of 1990 (ADA), as amended. 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.
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9.32.11 Fraud and False or Fraudulent or Related Acts. The CONSULTANT
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the CONSULTANT'S actions pertaining to this contract.
9.32.12 Access to Records. The following access to records requirements apply to this
contract:
(1) The CONSULTANT agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records
of the CONSULTANT which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts, and transcriptions.
(2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
c
(3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
(4) The CONSULTANT and its successors, transferees, assignees, and
subconsultants acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal .
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must 1.
Cooperate with any compliance review or complaint investigation conducted by
DHS 2. Give DHS access to and the right to examine and copy records, accounts,
and other documents and sources of information related to the grant and permit
access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
9.32.13 Federal Government not a party to contract. The CONSULTANT acknowledges
that the Federal Government is not a party to this contract and is not subject to any
obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract. y
9.32.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The
CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-approval.
9.32.15 Changes to Contract. The CONSULTANT understands and agrees that any cost
resulting from a change or modification, change order, or constructive change of
the agreement must be within the scope of any Federal grant or cooperative
agreement that may fund this Project and be reasonable for the completion of the
Project. Any contract changes or modification, change order or constructive
change must be approved in writing by both the COUNTY and the CONSULTANT.
9.32.16 Compliance with Federal Law, Regulations, and Executive Orders. The E
CONSULTANT acknowledges that, if FEMA financial assistance will be used to
fund the contract, the CONSULTANT will comply will all applicable federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
Page 26 of 37
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9.32.17 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the CONSULTANT will by bound by the terms and conditions of the �
Federally-Funded Sub-award and Grant Agreement between COUNTY and the
Florida Division of Emergency Management Division).
9.32.18 The Contractor 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
Contractor during the terra 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 -Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term,
0
9,33 The CONSULTANT shall hold the Division and County harmless against all Claims �
of whatever nature arising out of the CONSULTANTS performance of work under
this Agreement,to the extent allowed and required by law,
C
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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk or/C rrrnan
Date: Rate:
fr
E COUNW ATTOMEn OP16CEAPPROVED AS TO FORM
i
� 0
AtrMEY
DAW-
1 _
(Seal) CONSULTANT: ICI TECH Lea S, i
Attest: -
Signature, Signatu E
Name: Bruce Reed, RLA Na ames Gellenthin,PSM
Title: Assistant Secretary Vice President
Title:
Date: October 12,2021 �
Date: October 12:2021
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ATTACHMENT A
Consultant Scope of Services
1.01 DESCRIPTION >
Professional Surveying Services may include boundary surveys, Right of Way determinations,
topographic analyses, preparation of elevation certificates, review and graphical interpretation of
metes and bounds descriptions.
Once approved, the Consultant shall provide the Owner with three (3) complete signed and
sealed copies of the survey one copy of the survey saved electronically in Adobe Acrobat file
(.PDF) format and in CAD (.DWG) format delivered on a downloadable thumb/jump drive.
0
All projects shall have construction costs which do not exceed Two Hundred Fifty Thousand
Dollars ($250,000.00) or for study activity if the fee for professional services for each individual
study under the contract does not exceed Twenty-Five Thousand Dollars ($25,000.00). Selection
criteria will include the proposers' ability to respond in a timely fashion.
v;
Task Orders will be issued for individual projects which will further define the scope of the
individual Task Order.
i
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ATTACHMENT B
Consultant Hourly Rates
KCI
TECHNOI.,OGIE.S
ATTACHMENT B
Hourly Rate Schedule
0
Job Classification Billing Rate
Project Assistant $75.00
Field Crew Supervisor $110.00
CAD Technician $100.00 --
Survey Technician $135.00
Project Surveyor $175.00 y
Senior Project Surveyor $200.00
Project Manager $220.00
Project Principal $245.00
2 Person Survey Crew $160.00
3 Person Survey Crew $205.00
Laser Scan/Specialty Survey Crew $385.00
Expert Witness $385.00 E
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EXHIBIT "A"
Department of Labor Wage Determination
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"General Decision Number : FL20210022 09/10/2021
Superseded General Decision Number : FL20200022
State : Florida a,
Construction Type : Building
County: Monroe County in Florida .
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658 , an hourly minimum
wage of $10 . 95 for calendar year 2021 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015 . If this contract is covered by the
EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10 . 95 per hour (or the applicable wage rate listed on this is
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2021 . If this
contract is covered by the EO and a classification E
considered necessary for performance of work on the
contract does not appear on this wage determination, the _
contractor must pay workers in that classification at least
the wage rate determined through the conformance process
set forth in 29 CFR 5 . 5 (a) (1 ) (ii) (or the EO minimum wage
rate if it is higher than the conformed wage rate) . The EO
minimum wage rate will be adjusted annually. Please note
that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2 ) - (60) .
Additional information on contractor requirements and
worker protections under the EO is available at
www. dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/01/2021
1 01/22/2021
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2 06/18/2021
3 07/09/2021
4 09/10/2021
* ELEC0349-003 09/01/2021
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72
-----------------------------------------------------------
ENG10487-004 07/01/2013
0
Rates Fringes
0
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
-----------------------------------------------------------
IRON0272-004 10/01/2020
Rates Fringes E
IRONWORKER, STRUCTURAL AND _
REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34
-----------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38
-----------------------------------------------------------
SFFL0821-001 07/01/2021
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55
-----------------------------------------------------------
SHEE0032-003 12/01/2013
Rates Fringes
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SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00
0
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00
0
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
vi
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 m
c
0
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt, is
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 m
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 0
-----------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
-----------------------------------------------------------
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Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts v,
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1, 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year . Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information on contractor requirements and worker
protections under the EO is available at
www. dol . gov/whd/govcontracts .
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards E
contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) .
-----------------------------------------------------------
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the
area covered by the wage determination . The classifications
are listed in alphabetical order of ""identifiers" " that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than " "SU" " or " "UAVG" " denotes that the union
classification and rate were prevailing for that
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classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where a,
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1 , 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the " "SU" " identifier indicate c
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in is
the survey for that classification . As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example : E
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and _
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination . 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted
Page 35 of 37
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union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
producing the wage determination . 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier .
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be :
c
0
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position is
on a wage determination matter
* a conformance (additional classification and rate)
ruling E
On survey related matters, initial contact, including _
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
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2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
0)
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Q
Write to : a,
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party ' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to
the issue .
3 . ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board) . Write to : is
Administrative Review Board
U. S . Department of Labor E
200 Constitution Avenue, N .W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
-----------------------------------------------------------
END OF GENERAL DECISION"
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