Loading...
10/20/2021 Agreement 4ppJ,�uRr.10: o . °```.:M Kevin Madok, CPA •A • 31P/ ' Clerk of the Circuit Court&Comptroller—Monroe County, Florida. DATE: November 4, 2021 TO: Breanne Erickson, Contract/Budget Administrator Project Management FROM: Pamela G. Hanco� `�.C. SUBJECT: October 20th BOCC Meeting Attached is an electronic copy of the following item for your handling: D25 Agreement with Florida Keys Land Surveying, LLC for Continuing Professional Surveying Services. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT FOR Continuing Professional Surveying Services This Agreement ("Agreement") made and entered into this 2011 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 Florida Keys Land Surveying, LLC, a Limited Liability Company of the State of Florida, whose address is 19960 Overseas Highway, Sugarloaf Key, Florida, 33042, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the COUNTY desires to employ the professional services of the CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, the CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $250,000.00, or for study 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 contract, commencing the effective date of this agreement and ending four years thereafter, with an option for the COUNTY to renew for one additional 1-year period. 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 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. 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: Page 1 of 37 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. 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 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. 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 Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 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. ARTICLE II Page 2 of 37 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 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 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 1111 12th Street, Suite 408 Key West, Florida 33040 For the Consultant: Eric Isaacs, President Florida Keys Land Surveying, LLC 19960 Overseas Highway Sugarloaf Key, Florida 33042 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. Page 3 of 37 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. 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. 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 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. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. Page 4 of 37 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 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. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify 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 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. 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 (County)Agency's sovereign immunity. Page 5 of 37 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 Eric Isaacs Surveyor in Charge Matthew Blomberg Operation Manager Donald Fletchall Project Manager Andrew Hickin Project Manager Ivy Gray Administrative Assistant/Office Manager 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 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 or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to 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 Page 6 of 37 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. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30) by 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 providing sixty(60)days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 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. Page 7 of 37 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. 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. 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. Page 8 of 37 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. 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 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. 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 Page 9 of 37 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. 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 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. 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. Page 10 of 37 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 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 Page 11 of 37 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 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. 9.11 ATTORNEY'S FEES AND COSTS Page 12 of 37 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. 9.14 CLAIMS FOR FEDERAL OR STATE AID 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 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 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 terminates without any further action on the part of any party, effective the date of the court Page 13 of 37 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 VIII 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 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. Page 14 of 37 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. 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 or workers' 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. 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 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 CONSULTANT becomes involved in, or is threatened with, litigation with a Page 15 of 37 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 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. 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 any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC 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 COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this Page 16 of 37 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 otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. Page 17 of 37 If the Contractor does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the 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. 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(&,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 provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or Page 18 of 37 responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION 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 No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 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 Page 19 of 37 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 businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 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; 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. 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 alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Page 20 of 37 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 II 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 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 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 Page 21 of 37 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, 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 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 Page 22 of 37 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 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 names of parties debarred, suspended, or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Page 23 of 37 Executive Order 12549. SAM exclusions can be accessed at www.sam.00v. 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. 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 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, hftps://www.er)a.aov/smm/comprehensivg::procurement-Cluideline-cr)a-r)ro,ciram. Page 24 of 37 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). (1) 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). (11) Telecommunications or video surveillance services provided by such entities or using such equipment. (111) 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 must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (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. ( ) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 9.32.10 Americans with Disabilities Act of 1990 (AD& 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. 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. Page 25 of 37 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. (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. 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 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. 9.32.17 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the CONSULTANT will be bound by the terms and conditions of the Page 26 of 37 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 term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.33 The CONSULTANT shall hold the Division and County harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. c• 4 1, U fY,r__s=1 WHEREOF, each party has caused this Agreement to be executed by its duly . a the, e, aresentative on the day and year first above written. ` BOARD OF COUNTY COMMISSIONERS s'?ti` z - •: N MADOK, Clerk OF MONROE = • + osoo *., CeUHTv . cittt ti I I "--"4-c IAI/p By: q By. As Depu y Clerk Mayor/Chairman Date: 2-0/ 2Q 1-/ Date: (042,• 4-d 2"'/ 2 0 a. t MONROE COUNTY ATTORNEY'S OFFICE APPROVED AS TO FORM .t I ._.__ ISTANT COUNTY ATTORNEY DATE: 10-05-2021 (Seal) CONSULTANT: FLORIDA KEYS LAND-= • RVEYING, LLC ''-"1.§ � zure : /4/4 Signature: E. ; Cs) Name: Matthew Blomberg Name: Eric Isaacs _ Title: Member Title: Managing Member Date: 10/11/2021 Date: 10/11/2021 Page 27 of 37 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. 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. Task Orders will be issued for individual projects which will further define the scope of the individual Task Order. Page 28 of 37 ATTACHMENT B Consultant Hourly Wages FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL : FKLSemai1Lg1vai1.com www.floridakeyslandsurveying.net - SURVEY SERVICES RATES 2021- SERVICE HOURLY RATE DAILY RATE 1-3 MAN TOTAL STATION $100 CONVENTIONAL FIELD CREW WATER WORK INCUDING A $2,500 BOAT AERIAL SURVEY MAPPING *SEE NOTE *RATES WILL COMMENCE AT $2,500 AND INCREASE ACCORDINGLY DEPENDING INDIVIDUAL PROJECT SCOPES AUTOCAD DRAFTING $150.00 RECORDS RESEARCH $35.00 FLORIDA LICENSED $200.00 PROFESSIONAL SURVEYOR AND MAPPER "ALL HOURLY RATES ARE CHARGED AT A MINIMUM OF I HOUR & DAILY RATES SHOWN HEREON ARE FOR A TYPICAL 8 HOUR WORK DAY, DURING NORMAL WORKING HOURS, NOT INCLUDING WEEKENDS AND OR HOLIDAYS. WE LOOK FORWARD TO WORKING WITH YOU! EXHIBIT "A" Department of Labor Wage Determination Page 30 of 37 "General Decision Number : FL20210022 09/10/2021 Superseded General Decision Number : FL20200022 State : Florida 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 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 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 Page 31 of 37 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 Rates Fringes 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 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 Page 32 of 37 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 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 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 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- ----------------------------------------------------------- Page 33 of 37 Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors 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, 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 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 Page 34 of 37 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 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 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 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 : 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, 100% 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 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 : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling 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 Page 36 of 37 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 Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : 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 : Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ----------------------------------------------------------- ----------------------------------------------------------- END OF GENERAL DECISION" Page 37 of 37 FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(&�,,nzail.eom www.floridakeyylandyurveying.net t ROFESS,CiNAt.S"4.! .VEYfrNI3 SE<Rl,"1:,.T ES LOBBYING AND CONFLICTOF tNTEREST CLAUSE SWORN STATEMENT UNDER ORDMANCE NO. 010-1990 `Comp ny",',I I, w 3P'rar'Its tt`t i�d`B 1 d IT1 �t r tv I'',Rr 4� wii 4J �'r 9'vvise had', act, on hishIs behaff any I JISr`1"i:-u:,r .ter Iy1 G'C` Offlce of terr➢pil'3:'yee r1''<olat4r n of Section 2 of t...ardinan o!^+OL 1010-1 90 or any Cour:"it"_r" u -r or errFrrrhayee in viloiatlnn of Section 3 of Ordinance o 43,1 t-199GI. For breach or viOatron of ms provfsrrrrr rl e C..onty miay, in its discretion,terminate lerminate fts contract wifl-lout habdity and may aPso wi Irs..r~mnrel'io 7 deduct fror;n the contract or purcha3e price, or otl'orwyiae rccov x' the Ball am>;,unt of sine fee, corfinnu;,,sion r;ei°centag , gkft. of rc'orisid, ratucri p - he former County offiice° or r� ... Date, 08/9 ' %:k. . _.._._... .w y N.IIl;'<vk ,hFyr:l anid sworn to 4,or af"ilrl'r eci) r'trr;;fore nrie, by rrtr-ans tx"p'hySS Cwal..P O,el e ,Jr .,..7',onihnt iira arp abor,i, or1 (date) 3 - I 'I�,,j I=I e of,ir a tfl art`I$r Ht':2 S r,e N pe I`s o I E-a 1y k;Vova'1'Il 10 nire Dr Nim producedl ... .�„ (t, p�e(o idr ntt1#catir"n)as idantlf Cabo k. 46Hd1&dY "t ! ' ��aTr�t�r I-�,U a.t�� _ f �u M •m or'YII"r"II is,or a A` r � fir° ��0'01r�PNaii t'tV00 FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(a,�,,nzail.eom www.floridakeyylandyurveying.net lraf Ol C 3 iOT,lAL, 311rV,,,i'1f,.G FtV 10E". NON-COLLUSION AFFIDAVIT Ir t r�c Isaacs or the city,,. -„„��„i West according to law on my oath, and under p en lty of perjury, depose and say that I. I Arrr resj.de t t,�a,f fr'1e"il i 0f�. G � �:, �,�i �� �,�e,T��� �� d � � � �rt�;_._.. 'n .. tine: or'op,oser r'rtakmg the Proposal,for the protect des,rb&,d rrw the notice for caffi g for . Proposals for and that t executed the surrt pr f.aos it mtlr full arithonty to do so. 2 Ir I h,,,:`p6c,eis BVi this prC'rp,o sM have been arhived at lndepeP'1dr?71il'y'Mtho'w cP;5l14.J;i§,t in. coCYa:..uits'9#Po n, con..rrrGariir;ation or agreement for ;,,h purpose of r strrcti;,ig con petrtiuri as to art rnap rr re tdtlnw to tswu h'r pirrU WflL Y dirk,thflef PJUPUcel CH With au[�y Luirsjr'eMU1, and ,. Uniess r,tt1e rveise iequ4ed by law, rl`raas prices w1'imh have been t.l,uoted in flits proposal have not been knowingly disclosed by the proposer and wilt n f knrrwrrk ly be disclosed by the p rup,rysf�= prior to proposal up,enng, directly or ti-dir' stl; to any other proposer or 10 any cornuelito and No . ttr.,r t,r has Freer] rriasre m wlt be riariltrf by Me proposo, .r i'rrfrr ry any crhr.rf, pr-rr,rart, partners.hipor corkiortf;rurt to submit,or mitt to subrprit,n proposal fist the rn.)rpar`sir', of restrwWrig wore if ono- and . The s'tlrtf�i,!Ip '5 c,tdr"Ntai ed in this affidavit are true and correct surf!*jade Mhi full knowleage that tr"�Ir e Count?;t reties upon the truth of the stars menINa contained tlr this affidavit in ` urn �trr said protec'L 2/24 202 ?r'4 t y f p'r uuft i', P 21 t Tlmember �l jate) E 0U t"i +,'.F. �i i.rlit.�[cnli""f d "'11-t ,i+" 7rrl to(tar=l-fi frC'd belt rr n-ie byr Ieal,Ya o 'a �fiv�k aJ�J C I`I r� 1F1V I .r „a1 1juiaa r r,s mx 6i r7Yr a 1ffiantf t"9r a tI Car � s G Og h,r I,J7ui9i„w"a rfrrillXtt�i �� � u �� a rat �vr "r 'N fig 'Y PUBLIC wG zy h s "z Via' '� ,rj �. ,��'i,• 'ye 43 of IV FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(,�,,nzail.eom www.floridakeyylandyurveying.net DRUG-FREE WORKPLACEF-CIRLM. ho r ndei-signed rgmdor°n ar c-ortkance,r+rl FIrrrda 8.lata o ZE7.087 jljereby cer^tlf rj' thar' F or '.r•ta L a:yn TisnE,,„ st.➢S."'L+ev1 #. r.d t iElaiT;"na of�u�ine��a=:� ,, Pulbligkl'ies a statei"r"ant "Ctlfpng rl"9iplr47pees Yhat the .ai`+Iawtkfll 'n r uffactiurs, distr iafis`?rt...,, riuensni-", pc',sess,cn,+;ar r`e of a-cinnrr,lled s,#;st,an„e is,-rohuEa,ta,in,urn vo0ici r ce avid specifi,ing the Mat v ilf t r.tarren a+gainsg arfisr loyees for viclaucri~r of vicar 2. Intc,rrf rri r 'p s arx-5,0 the uarq rt of ra ark abture w, the °.roj kip,iace, ,f,p u isines .s pcflcr, of m a,nwining �Iru?a•#" :,+�°t:.P �u nr'' k, lli t• drug c:,�,,f�sois ir,r ,. ref°ak��otrf;C,,„ n.E rrtf;,wrree SSSIai..MI, e p4ogl+ fits ndi the perallois `m May uo. iinposerr, upon wfnp;RC•aEees poi' drug aL1:.Isa ra,inti�r'v�. :'i. Givr'rrs earrr arnarictp-e enE a„garrl in nroviewiff the crxnmixiiiii5n nr coni=r`at,dal cerwcn, 1114,k ,v p, uridper prop tsal,a r_rray of.hp Ma erne t&spr cifiec of a,hsoec:rion{"'t•. n rT C atv..iaroni a.rfev a in auf+ r,9„ r 1:,t r,otrfpes thra ern°,cryp that as a condgiti rn o w,,k i v,� the, ryj;r i, dic-,or, atm vices"fl at we rurider rr uposaL the e'rillp"loyee NAf abide fr tire'3ar'n.'+ ,Y f,it$1WHr"lena and 1" d noti t V",,e of any caaidic,uon of,or pirea d guilTy cu nolo,c o•nfeno re, to any vit,kmNru;,n of Cl-,,ac;fer 893 `"R...rda Staftlesl w 01 amy confIrG7Iled subsaice i w of the UnAf.`,,, "tote, or any stanp for 7, oolacion a curr;r; In the mr,rrkplac r--n ihan frvp i w ,gays a(iir such, a 5.ftnt-f`,rl on (re, ra-giuire Oho. ..4ar,stya...r tr Narl.r.;.ipamrow, in a dr.,arg... .a m�;,e assMance or , h alraii„Mjon pre, gram ,f suzh is avavlab in 1h4, mirnplalaaa s com;r r,rile, �,r any veho in so r r)wclPrr Mres'A rr00d faiYJI efart to t,sai,ririra:fu ra„�9n[airii d ,fug-ruHe-.v(.,i k pIdLe rh uug,h it pfe i,ierip Iir,.rt 'lf IRiis, Ana°iir;r-, A,s 1:hr. € 5iL`,rn, 'rU"h..t`zf„=,t a? Slip 'Ye siaterrent, II ti" ,ir,`a, th'al'4'MM a+ fn =u`f�t af0y atb"I;°I ..#"'k. f.fiku 00/24/20-2-1 afi"z r a.„F re, .ut,-,, ea,a ,: e� '`�',`5 ir;r a'fl'r•rir,edri t,efpre ni ,tire,iTl3"„'r"r�r u#i��bep"�I„eal�r�,rr::�,iti�w In a t,ra{irrr`-, r s .s` r LL= r tih -,v ;,°affiarYft f° i"t.. has t wrY_.c"d vafi'c Pi.flisl-n ius'afn;atir;rr. � � � 5 alp§ �` �s"a ��a vySf 1 paa�g Cat fri IC t a ..E_t`,I _ �%w"� -A my �,r 4mot.4 4#g ��rrB'"rr+rl'kkarttgwtav'r': p�. FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(&�,,nzail.eom www.floridakeyylandyurveying.net I aR D I"p,,,;: S I O NA L SURVEYING SERVICES PUBLIC ETI CRIME STATEMENT A t iswn or. affihato who huas been placed Curti Vne conviw;ed euvd'ur lust f0fiowil" cr'nvicti0r", fol pu k ently arrime May not submit a, b d on ar conir ct to Provide any goods or senoces to a prabhc or`tity, nnay not suomiirr a bid.an a 4h, ra pubfic onfity for the ron tr•u t on or r ypw of a" pu'b4c, brUldiu g or ptabkc work, rltay not Subin'i t Duds on leases at red° propelrty to puabl,ac enitity'. May not be avda"ded or perform vuort is a ntr;au+,toi- suppp ter. subcontractor or CONTRACTOR under cortuact with any oublic entity, arid nnw;t not trarrsaa t business with any public entity ki u:; per ss of lfy obreshold aI"a oust provided rl, Section 287-0 i,F f. rinda, Statutes, for CATEGORY 1 1,4NO for a o`aer.,ro of 3 ,Pnonftw-,, from the dates,of, being placed an the Convicted ve n r ,ave read -the above and state il`urar neillher FI— a k a�<< t ra ttc`ter s name) nor any Altilrate has been piaced an ffie ccinvo;ted°per~=rlrrr first wr in,flhe last hirty,', six (3 iC',) ryLo-"trj _ ri (-Sigrahire',' Managing Member tCt' 08 `24 20'2 r � Subscribed and %w,,,,j-n Yt) ( i, a Irread)l before rne, h y d"T7ewn ot '�"physifC al vresence or E onfin t � „� as � 4 notarization, (in ,..�._., ._.: .r .. � �,......... i dat i b (rarne of affiart), tr a" to Pere+:annul a:rroaw$rrf; 'r rre rjr has r _ ,7 Ii, T 01,yp =of hder'Oifi at(<<d''i) as idellalillcaPi,>< - Sa1a� r�I,IY t,40 7. ,44,L My crrl' issJon expires a -,...... uY , a tr r r��r l t93 a�aw" FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net PROFESSIONAL SURVEYING SERVICE VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Monroe County RFQ for Professional ProjectlDescription(s), qurve ing C2itinuing Se -vice,_ Contract Respondent.Vendor Name: Florida keys Land e Sui eyin LLB' _ Vendor FEIN: 46 045721 Vendors Authorized Representative Name and Ta itie Eric Isaacs Fxesidant J Managing Merber Address 19960 0yerseas Hi h��a City Su ailoaf Key. Statel Florida dip: 33042 _ Phone Number 305 394 3690 Email Address: fk1semail0cfmail.com Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for; or entering into or renewing a contract for goods or serves of any amount it, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215-4725, Florida Statutes; or is engaged in a Boycott of Israel: Section 297.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract fbr good's or services of$1�G,00G tl or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant tos. 21 5.4 r 3,Florida:Statutes:or is engaged in business operations in Cuba or Syria,_ As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vend-or fame' is not listed on the Scrutinized Companies that Boycott. Israel List or engaged in a boycott of Israel and for Projects of 1,G00.0,00 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. II understand that pursuant to Section 287 135, Florida.Statutes, the submission of a false certification may subject company to civil penalties, attorneys fees. and,ror costs. I further understand that any contract with the County may be terminated. at the option of the County. if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Sy ri a. Certified By Eric Tsaacs who is authorized to sign on behalf of the above referenced company. _ _ - -- Authorized Signature: PrintName Eric Isaacs. � Iifle: N President /_ an:aQinq._Membea Note:The List are available at t:he following Department of Management Services Site: hC n"is m4orida C0111;I-Al Sill eaS 013,'r'al'ionss slait2 I�.��J['#uh.� Yn€.ir-tui'id`l .+r In n`na11°�hl'l°t;�nl"`JICt CI �.I I tin ded discriminalary csci2212aints vandor lists FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net PROFESSIONAL SURVEYING SERVICE; Respondent's Insuranceand Indemnification Statement Insurance RegUirernent Required Limits Worker's Compensation Statutory Limits Employers'Liability Insurance S Ipaf'1 0,00 Bodily Injury by Accident $501000 Bodily Injury by Disease, policy limits $ 00g 000 Bodily Injury by Disease,each employee General Liability, including $$500,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal injury Liability Business Automobile Liability $300,000 Combined Single Limit (Ov ned,non-owned and hired vehicles) If split limits are preferred:: $20MOO Per Person MCUOO Per Occurrence $$200,000 Property Damage Professional Liability $500,000 per Occurrence $I,000,00C1 Aggregate Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ir) any Migation: administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage,fine, penalty or business,interruption, and fiii}any costs or expenses that may be asserted against,initiated with respect to,or sustained by.,any inclemnifed'party by reason of,or in connection vvitk (Aj any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement. (B) the negligence or recklessness intentional wrongful misconduct,errors or other wrongful act or omission of Contractor or any of its employees: agents, sub contractors or other invitees,or(C) Contractor's default in respect of any of the obligations that. it undertakes under the terms of this.Agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, crests or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than S I million per occurrence pursuant to Fla. tat. Sec. +25.06. Insofar as the claims,actions-causes of action, litigation, proceedings, costs or expenses, relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earl er termination of this.Agreement.. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required'insurance,the Contractor shall indemnify the COUNTY from any and all increased expenses resulting from such delay.Should Pate 4?of R FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net PROFESSIONAL, SURVEYING SERVICE any claims be asserted against that COUNTY by virtue Of aray rdraficicracy or ambiguity in than plans and specifications provided by the Contractor, that Contractor agrees and 8rrants that the Contractor shall hold the COUNTY hrarrnlcs.s and shall indemnify it frrara.a all IOssLes occurring thereby carpi shall further defend any claim or action can th eCOUNTY's behalf- The first bri[collars (S10m00) of remuneration pairs to that Contractor is for that infcnaraification provided for that above- The extent of liability is in no way limited to, reduced, or lessened by the insurance roquircrnents containcd elsewhere, within this AGREEMENT- RESPONDENT'S ONDENT' STATEMENT I understand the insurance that will be mandatory if awarded this contract and will comply in full with all of that roquiremcnts heroin. I fully ac:copt that indornnification and hold haarrnlcss and duty to defend as scat nut in this proposal- Eric I�aac3 - Pre3id- nt Managing Mercit. r Resporiderat Cignaturu FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net PROFESSIONAL SURVEYING SERVICES INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES PAV025701 GL 0 0309661OF PL $2500 03214396-6 AUTO 0 MX1930798243872 XSGL 0 Liability policies are GL Occurrence PL Claims Made Southernmost Insurance Agency Inc Insurance Agency Signat Print Name; A,W. „ujan FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(&�,,nzail.eom www.floridakeyylandyurveying.net LICENCES a.........err your renewal al t5 a Nui-veyor and Inap pep �rtr1 ti r l'rii rl�'f a by,Itdircal c hap wv 1—)".p I�,n&j Sta wtc�,lt�"hcett ace eivud a�itl l rr� �r � � � tzsY ur't+��rrr per,Ces''se'd, W rani N"Baa la[r T l;l,'hcense appi�ays hdox and is sr:did I`cbruatti a,<20-13` LS6783 1 r are required to keep your, av rll'i llae Board curr'cm I'Ic n,,c v,i,61 Our m'd"SatC at to create v(,wr Professional Saarv",or and Mrrplarr �arrlirlo n, count: If�'(10 IN;V ytlr'r:,I Dr -Lf'edl,Ctl yaitrt ("rrlrlte account, VOLT 1"R14,' 4�L.1I I4t�.�4"S in ire,IIto vvebsrle to trrrrrrtlam our license "rou can ahm"'I find(11h sr ,ilu ble trllottnatj ml[ail Illy vxhsfte, Il xiw have airs!c we",r onto rl t: der not ficsiIme w%ell l die ivis am lq I WI NS LFLrrr hl- 1pe rtiks,rrairb o[' la 472 I S' I Ilni ratoia <al I @y'ru.0 r ,t "Cis 9 si@ i'trrat.,rttllL@ 4vrrcws'3:, o�,rlcl of Pr"fhft's�H-ar i] `Iur've"4r`rrsqtael ".tp;tla!eiS Dwach Here F'laaridi Dep ar"Irpirrit off ricultura:ar4tl'1'ertt,�i�rna r r�rrsierN Division of Coustomer Services,,, I,t en,,L,"No,P , US6783 Boor r,l)"greys Irre � s45'srr strhrb hfae ltsr� 2001rgpalaIriePkwalTallahas-te,,Flrraha.32399-65010 FXpie im-,in Date lohrra:lry'28,2621 Professional Surveyor and Mapper] License Under[lie piovt,,r 4ns rif Ch alvei me 1'.Florida Similes 11 IC��D Al ISAAC'� 1;0 B,ox 1547 Glt�'t'a1,C :dl'lw};..p t'Ig�l"13 (I)NINIMIS.-SltllsER fir-ACRI(1"119 31 Ill FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net ��,i13J�;.�i`. ➢"��f���.ua+praap�+ar�ucy'aar'arrrl„�'1:r1^�,�4E �aasarica,��Yr[rCr�c„lu�l.l;x��r" Foosyoos upp icatwil tra ncc ,.rl as a irrxrro'miwlt ak �rv-saai and uraklp c hrrxrrrck"as,icquired by t`heap wr,i2,Florida Stamen,has been received eared pr ayes L `lprw Irecrase, appcw':s Lelarw and is M,a]41 lhrf.,q i Fcbrua any 28,2{r23. Ycu'ire requires,to U p your ill fi%rrlj;ap011 sn=lih➢le,I-$(,m B c irenaf, kle,r,e vrsil our a4a lamr al www.kOt)liaaptki.coifir"p�-itI ks C Ica te y out 01)1ifie accouw, If pit h;'tvc alycady created `out on1t le aecml Ill,;ou argn riser the websltC irr1ar#irtlarn'sour lice me, "zf a call al-No fired oilleg V�jh,Erhle rrriirriruartrr°ta till[Ile wrhcrlc 91 you baave any qucsi[onm,palc&ic apse arot Iwsirate w call gala Dk i�,om of["r ra�au'ller utvlcc,�,Board of Surveyons Dmach Hprp f'Ia H da l e Fla ririienI of Ag a°aa;uhpjr,v;sled Cm mumew SerVICes w Division Bp i.rlirsu raer S-rvi(Ts Ucg; s,,c . LB7847 Board rat Vrnfp srraaaal Saarvfcy,r q areal Mappers � 00 t4 mare tee l'l aaax'f'raltrafrPr s e,Florida )Ce V & IApiralwn Daw February 'h, -j'p"—�. Professional Surveyor and 'Map r Business License Under phe proviv iragr,� 4 12,i-lrrr ida�(muLr,s FIAMIDA KEYS LAND SURVEYING LIX - 1C ayl l 'NIKKl RUE)) (1O J� jt`s8I()rA,I l�01,Ateltk[Arq,11 HF, FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net Florida," Is cer ified underthe provisions of 10103/201 10/03/2021 P Sarte, `-"m-era'7 FlondaDtpa mencr a ac„e e.xr enace .a1�I a-,z 6 399 V ER IC urn FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net REQUEST FOR QUALHICATIONS PROFESSIONAL URVEXD` G CONTL'�``I'IN G SERN-I+C:E S NION-ROE C'O IS-r ,FLORIDA RFQ-3 4-il-21021,1a ADDENDUM NO.I Augnsi 4, 2021 The,111fornhition contained in this Addendinn alters the inforiniation contained in the FFQ and 1S hereby= made a part of the PF'Q. Qwstion 4l: One of the R-F -s requirenients is to subimnit Financial Statements, is that a mandatory or necessary salbnussioii- Answer 41: Yes.Tab 3 of Section t of the RFQ states that 3 years of financial statements are required to be submitted -with the respondent's proposal_ Ho e er_ financial statements are confidential and w,ill not be released as part of any public records request if cicarIv intarked as C:onifidential Only County Staff in of-,-ed in the reyiew and selection process Will. have access to the fi naincital statements. Qtwstion.`2- Wovdd it be possible to k-nox,-the names of the members of the selection conunitree Answer 42: No.The selection committee mennbea4 have,not been chosen yet. Question?;�3: ' ljuch firms held the previous,contracts? Answer lt3- Mcmroe Co untY P'rayect°Management Departniient has never previously issued an RFQ for Professional Sxu--,,evin€Continuing en-ices,Contract.. All other items rennain as called for in the documents.. End of Adclendiini'_`+Io 1. Digitally signed IryCani ry Kn i h C�aie Date: 2G21.0B4O5 11 5936 -04'00' Cary Knight Director of Project Management FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 EMAIL.- FKLSemail(c,�,,nzail.eom www.floridakeyylandyurveying.net REQUEST FOR QUALIFICATIt7\S PROFESSIO--\AL SURVEYING C0-.\TI\i'I\C:SERVICES '.'aiONROE C OUNTY..FLORIDA RFQ-3S4-0-202I;`Ia ADDE\DUAI NO.2 August 13, 2021 The information contained in this Addendum alters the information contained in the RFQ and is hereby made a part of the RFQ° Question. l The RFP is asking for Financial Stateinents of the entity.Are you looking for Tax Returns. Profit&,Lass Reports.or Balance Sheets' Anstze3°nl Balance Sheets and Profit&Loss Statements are required. All other items remain as called for in the documents. End of Addendum No 2. Digitally sigiied by Cary C KeI`1ightD"tgl,t Date;2w321.ft3.15 09:273S-oa'oa' Cary-Knight Director of Project Manaremcnt TE A`COR 2 CERTIFICATE OF LIABILITY INSURANCE DA10/20/2011YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Southernmost Insurance Agency, Inc PHONE FAX 1010 Kennedy Dr. (AIC,No EXt: A/c,No): STE 300 ADDRESS: Key West, FL 33040 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Penn-America Insurance Co A0287 INSURED Florida Keys Land Surveying, LLC INSURERB: PROGRESSIVE EXPRESS INS CO 10193 PO Box 1547 an Evans ton Insurance Company A0218 Key West, FL 33041 INSURERC: p Y INSURERD: Allied World Surplus Lines Ins.Co. A0269 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A COMMERCIAL GENERAL LIABILITY x x PAV0252701 01/03/2021 01/03/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO TED CLAIMS-MADE IN/ PREMISES(Ea occurrence) $ 100,000 Approved Risk Manag ent MED EXP(Any one person) $ 5,000 79a4z�,_ /L PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO-JECT ❑ LOC 10-29-2021 PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY x 03214398-7 07/05/2021 07/05/2022 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident J ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LIAB OCCUR EZXS3045836 03/15/2021 01/13/2022 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability 0309661OF 07/19/2021 07/19/2022 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE e k ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 710/29/2021 E(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SUNZ Insurance Solutions, LLC ID: (StaffLink) NAME: Beverly Finkelstein c/o StaffLink Outsourcing Inc PHONE.,Ext: 954-423-8262 X 205 FAX/C'No 1371 Sawgrass Corporate Parkway E-MAIL Sunrise, FL 33323 ADDRESS: beverly@stafflink.net INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: United Wisconsin Insurance Company 29157 INSURED INSURER B: StaffLink Outsourcing Inc 1371 Sawgrass Corporate Parkway INSURERC: Sunrise FL 33323 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 64769067 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR Approved Risk Management PREMISES Ea occurrence $ i'/'Gf.4l. /_ 15'&1 19 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 11-1-2021 GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC573-00001-021-SZ 1/1/2021 1/1/2022 ; STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Coverage provided for all leased employees but not subcontractors of:Florida Keys Land Surveying,LLC Client Effective: 1/1/2021 CERTIFICATE HOLDER CANCELLATION 4152 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Rick Leonard ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 64769067 1 StaffLink Outsourcing PEO 573 1 Beverly Finkelstein 110/29/2021 71:55:10 AM (EDT) I Page 1 of 1