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05/31/2022 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN$50,000.00 Contract with: Metric Endinoef hg, Ir c. Contract# Effective Date: Opo'n execution- , Expiration Date: upon protect cornpietion Contract Purpose/Description: Preliminary fusibility study fora mccrinrg fie'ld.vuithin one mite of the Key West Bight City Dock; Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Brittany Burtnet, 2805, Plan66,, & Env.Resources/11 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) A,480,00 (If multiyear agreement then 28,480.00 requires BOCC approval,unless the rs�,,vd o,d,eo,ka ,�m,aua d� d ss dw Budgeted? Yes❑✓ No❑ Account Codes: Grant: $ _-_-_-_- County Match: $ _-_-_-_- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: n/a Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES F- NO 0 CONTRACT REVIEW Changes Date In Needed Reviewer Date In Department Head 5/23/22 Yes❑No ✓❑ Emily Schemper ° 5/23/2022 County Attorney Yes❑No❑✓ Peter Morris „e =5 5/24/2022 �oo Risk Management Yes❑No❑✓ `"% r 5/26/2022 O.M.B./Purchasing Yes❑No❑� JOhn Quinn oa'e:2022.05d2sY„°o2":°04'00' 5/26/2022 Comments: Revised BOCC 10/21/2020 Page 83 of 101 AGREEMENT FOR CONSULTING SERVICES REGARDING PRELIMINARY FEASIBILITY STUDY FOR A MOORING FIELD WITHIN ONE MILE OF THE KEY WEST BIGHT CITY DOCK, MONROE COUNTY, FLORIDA BETWEEN MONROE COUNTY, FLORIDA AND METRIC ENGINEERING, INC. THIS AGREEMENT (hereinafter"Agreement"or"Contract") is made and entered into this 22nd day of April, 2022, by Monroe County (hereinafter the "COUNTY", "MONROE COUNTY", "MONROE COUNTY BOARD OF COUNTY COMMISSIONERS", "BOCC", or"BOARD"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and METRIC ENGINEERING, INC. (hereinafter"CONSULTANT"or"CONTRACTOR"), having a principal place of business of 13940 SW 136th Street, Miami, Florida 33186. The COUNTY engages the CONSULTANT to assist the Monroe County Marine Resources Office in determining the potential for mooring field development within one(1) mile of Key West Bight City Dock by collecting and evaluating relevant site data including but not limited to: Preliminary benthic and bathymetric data, existing shoreside/upland services provided by the City of Key West and need/ capacity for additional services, and preparing and presenting a summary report of findings to the Monroe County Board of County Commissioners. Section 1. Representations and Warranties 1.1 The CONSULTANT shall secure, maintain, and pay for any and all licenses, certifications, or other authorizations necessary to act as CONSULTANT for the COUNTY until the CONSULTANT'S duties hereunder have been satisfied. By signature hereon, the CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in this Agreement and its attached exhibits. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. The CONSULTANT has, and shall maintain throughout the term of this Contract, all appropriate licenses, certifications, or other approvals or authorizations required to conduct its business, and hereby represents that it will at all times conduct its business activities hereunder in a reputable manner. 1.2 The CONSULTANT shall prepare all documentation required by this Contract in such a manner that it/they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law(s), codes, and regulations. The CONSULTANT warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that meets the COUNTY'S satisfaction, therefore eliminating any additional cost due to missing or incorrect information. 1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its performance and with regard to those directly under its employ or authority. 1.4 The CONSULTANT'S tasks shall be performed as expeditiously as is consistent with the professional skill and care and the orderly progress of tasks assigned by the COUNTY. In performing the work required under this Contract, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions, of such tasks and activities, including those now in effect and hereafter adopted. Any violation of such law(s)shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this Contract immediately upon delivery of written notice of termination to the CONSULTANT. 1 of 21 1.5 At all times and for all purposes under this Contract the CONSULTANT is an independent contractor and is not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONSULTANT or any of its employees, subcontractors, servants, representatives, or agents to be employees of the COUNTY. As an independent contractor, the CONSULTANT shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules, and regulations applicable to the services to be provided. 1.6 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 Contract or with the provision of services under this Contract. 1.7 The effective date of this Contract shall be the last day on which it is signed by both of the parties. 1.8 Term of Contract. The term of the Contract shall be for eighteen (18) months, commencing on this Contract's legal effective date and ending eighteen months after that date (up to and including the last date of such period, unless such day is a Saturday, Sunday, or legal holiday, in which case the last legally effective day of the Contract shall be the next day which is not a Saturday, Sunday, or legal holiday). 1.9 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. Section 2. SCOPE OF SERVICES. The CONSULTANT shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services -Exhibit A-which is attached hereto and made a part of this Contract as if fully stated herein. Section 3. TIME OF COMPLETION. The services to be rendered by the CONSULTANT shall be commenced upon the Contract's legal effective date and shall be completed in accordance with a schedule directed by the COUNTY's Marine Resources Office to CONSULTANT. Section 4. COUNTY'S RESPONSIBILITIES 4.1 The COUNTY'S Contract Manager shall be the Monroe County Marine Resources Office Senior Administrator, who has authority to (1) act on the COUNTY'S behalf on all matters concerning the CONSULTANT'S work-product contemplated by this Contract, and (2)to administer this Contract and monitor compliance with all terms and conditions stated herein. 4.2 The COUNTY'S Contract Manager shall coordinate with CONSULTANT as necessary for the CONSULTANT'S performance of the tasks in Exhibit "A."The COUNTY shall review submittals by CONSULTANT and provide prompt responses to questions submitted thereto, in in order to minimize delay in the progress of the CONSULTANT'S work-product contemplated herein. Section 5. BUDGET/COMPENSATION 5.1 Budget. 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 budged for this Contract in the COUNTY's fiscal year (October 1 -September 30) by the COUNTY'S Board of County Commissioners. The budgeted 2of21 amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. The COUNTY'S performance and obligation to pay under this Contract 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. 5.2 Compensation. The maximum compensation available to CONSULTANT under this Agreement is based on the tasks detailed in the Scope of Services. The COUNTY agrees to pay CONSULTANT based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. Compensation shall be paid by specific assignment/engagement completed which both falls under authorized Tasks 1 through 7 on Exhibit "A" and is/are deemed satisfactory by the Contract Manager. Any additional services included in Tasks 1 through 7 on Exhibit"A" must be authorized by the Board of County Commissioners. The total not-to-exceed cost for providing the services contained in Tasks 1 through 7 is $28,480.00. Section 6. PAYMENT TO CONSULTANT 6.1 Payments will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk("Clerk"). The request must describe in detail the services performed and the payment amount requested. CONSULTANT must submit to the COUNTY Contract Manager, who will review the request. The Contract Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Contract Manager must inform CONSULTANT in writing that must include an explanation of the deficiency that caused the disapproval of the request. 6.2 CONSULTANT shall submit, by U.S. Postal Service certified mail, or as otherwise agreed upon in writing by the COUNTY Contract Manager, when a lump sum task has been completed, an invoice by tasks as detailed in the Scope of Services in the following form and address: Monroe County Marine Resources Office Subject: Invoice Attn: Senior Administrator Ms. Brittany Burtner 2798 Overseas Highway, Marathon, Florida 33050 6.3 CONSULTANT shall submit such invoices for tasks that have been deemed completed in writing by the Contract Manager, no later than fifteen (15) calendar days after each calendar month of task(s)completed. 6.4 Any extension of this contract into the County's next fiscal year is contingent upon an annual appropriation by Monroe County. Section 7. INSURANCE. 7.1 The CONSULTANT shall obtain insurance and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorizes work 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. 7.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.3 The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 3of21 7.4 Delays in the commencement or completion of work, resulting from the failure of the CONSULTANT to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and/or failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.5 The acceptance and/or approval of the CONSULTANT'S insurance shall not be construed as relieving the CONSULTANT from any liability or obligation assumed under this Contract or imposed by law. 7.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all of the CONSULTANT'S insurance policies to satisfy this Contract's requirements, except for Workers' Compensation. 7.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum thirty(30) days prior notification is given to the COUNTY by the insurer. 7.8 General Liability Insurance. As a prerequisite of the work governed, the CONSULTANT shall obtain, at its sole own expense, insurance as specified in the attached schedules, which are made a part of this Contract. The CONSULTANT shall require all subcontractors to obtain insurance consistent with the attached schedules. The CONSULTANT shall ensure that any and all sub- contractors maintain the same types and amounts of insurance required of the CONSULTANT. The CONSULTANT shall be named as an additional insured on all subcontractors' liability policies. Upon request of the COUNTY, the CONSULTANT shall provide such evidence of insurance required of the subcontractor. The CONSULTANT will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and, when requested by the COUNTY and/or where otherwise applicable, the CONSULTANT shall provide proof of insurance of all approved subcontractors. 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. Prior to the commencement of work governed by this Contract, the CONSULTANT shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Insurance Requirement Rye uired Limits General Liability $300,000 Combined Single Limit Vehicle Liability ■ $200,000 per person ■ $300,000 per occurrence ■ $200,000 property damage Professional Liability ■ $300,000 per occurrence ■ $500,000 aggregate Watercraft Liability $500,000 per occurrence 4of21 Worker's Compensation ■ $100,000 Bodily Injury by Accident ■ $500,000 Bodily Injury by Disease, policy limits ■ $100,000 Bodily Injury by Disease, each employee Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated with Longshoremen's Insurance), the CONSULTANT'S Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688)with limits not less than $1 million. The CONSULTANT shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all policies issued to satisfy the above requirements. The CONSULTANT shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required insurance: • A Certificate of Insurance and • A certified copy of the actual insurance policy. The CONSULTANT must provide a certified copy of the/its actual insurance policy or policies upon request by the County, notwithstanding that the CONSULTANT may have already provided a Certificate of Insurance. 7.9 Coverage shall be maintained throughout the entire term of the contract. 7.10 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.11 If the CONSULTANT has been approved by the Florida Department of Labor as an authorized self-insurer, the CONSULTANT may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONSULTANT'S Excess Insurance Program. 7.12 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. 7.13 The CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONSULTANT if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 5of21 7.14 The CONSULTANT shall provide to the COUNTY certificates of insurance and a copy of all insurance policies including those naming the COUNTY as an additional insured and as a loss payee. The COUNTY reserves the right to require a certified copy of such policies upon request. Section 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 The CONSULTANT agrees to indemnify and hold harmless the COUNTY and its officers and employees, for/from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability, to the extent caused by the negligence, recklessness, intentionally wrongful, or willful misconduct of the CONSULTANT, subcontractor(s), and other persons employed or utilized by the CONSULTANT in the performance of this Contract, or arising out of, related to, or in connection with the willful non- performance of the CONSULTANT. The CONSULTANT shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of, related to, or in connection with its performance of this Contract, including but not limited to those of any subcontractor(s). 8.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. 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 the COUNTY from all liabilities, damages, losses, and costs, including but not limited to all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability, occurring thereby to the extent any such claim is caused by CONSULTANT'S negligence, recklessness, intentionally wrongful, or willful misconduct and shall further defend any claim or action (except for professional liability claims) on the COUNTY's behalf. CONSULTANT shall not be required to defend any indemnitee against professional liability claims but shall reimburse the indemnitee for reasonable attorneys'fees and legal costs to the extent any such claim is caused by CONSULTANT' negligence, recklessness, intentionally wrongful, or willful misconduct. 8.3 In the event completion of the work assigned (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 COUNTY or 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. 8.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONSULTANT agrees that it shall not be entitled to damages for delay 8.5 The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. 8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 6of21 8.7 This hold harmless and indemnification shall survive the expiration or early termination of the Contract. Section 9. STAFFING 9.1 As staffing is of paramount importance to the timely and proper completion of this Contract, the CONSULTANT shall provide services using the following standards, as a minimum requirement: The CONSULTANT shall provide at its own expense all necessary personnel to provide the services under this Agreement. The personnel shall not be employees of or have any contractual relationship with the COUNTY. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Federal, State, and local laws to perform such services. Section 10. CONTRACT TERMINATION. The COUNTY may terminate this Contract for any reason, with or without cause, upon written notice to CONSULTANT. Immediately after receiving such notice, CONSULTANT shall immediately discontinue advancing the services contemplated herein, and deliver all work-product(including but not limited to data, documents, drawings, field survey notes, public records (as that term has been construed under Chapter 119, Florida Statutes), reports, etc.)to the COUNTY, whether unused, partially completed, or fully completed. Compensation shall be paid to the CONSULTANT through the end of services performed and provided to the COUNTY up to the date of termination. Section 11. AUTHORIZATION OF WORK ASSIGNMENTS 11.1 All work assignments beyond or in addition to Scope of Services— Exhibit "A" must be authorized in writing and approved by the Board of County Commissioners. 11.2 There may be additional instructions or provisions specific to the authorized work in the Scope of Services for the purpose of clarifying certain aspects of this Contract pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 11.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, monies that may become due or monies that are due)this Contract or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Section 12. NOTICES All legal notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified /registered /return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Monroe County Marine Resources Office Attn: Marine Resources Office Senior Administrator Brittany Burtner 2798 Overseas Highway Marathon, Florida 33050 7of21 With a copy to: Robert B. Shillinger, Monroe County Attorney Monroe County Attorney's Office 1111 12th Street Key West, FL 33040 To CONSULTANT: Metric Engineering, Inc. 13940 SW 136th Street Miami, Florida 33186 Or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the mails, registered, postage paid, return receipt requested. Section 13. Maintenance of Records. The CONSULTANT shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records directly pertinent to performance under this Contract as are necessary to document the performance of this Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7 years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR§ 200.333, whichever is greater. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provisions shall survive any termination or expiration of the Contract. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to the CONSULTANT pursuant to this Contract were spent for purposes not authorized by this Agreement/Contract, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. Section 14. Public Access and Public Records Compliance. The CONSULTANT must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I, of the Florida Constitution. The COUNTY and the CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The CONSULTANT is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and 8of21 conditions of this contract, the CONSULTANT is required to: M Keep and maintain public records that would be required by the COUNTY to perform the service. Q 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. Q) 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 CONSULTANT does not transfer the records to the COUNTY. Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONSULTANT transfers all public records to the COUNTY upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Contract, the CONSULTANT 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. A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the COUNTY's request for records, the COUNTY shall enforce the Contract's maintenance of records and/or public access and public records compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of said provision(s) by the CONSULTANT. 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(WO N ROECOU NTY-FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 15. Compliance with Law. In providing all services pursuant to this Contract, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. The CONSULTANT shall possess proper licenses, certifications, and qualifications to perform work in accordance with these specifications throughout the term of this 9 of 21 Agreement. Section 16. Disclosure, Conflict of Interest, and Code of Ethics The CONSULTANT represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Section 112.311, et. seq., Florida Statutes. Upon CONSULTANT's execution of this Agreement, and thereafter as changes may require, the CONSULTANT shall notify the COUNTY of any financial interest it may have in any and all contracts with Monroe County. 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. Section 17. Taxes. The COUNTY is exempt from payment of Florida State Sales and Use taxes. The CONSULTANT shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the CONSULTANT authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 18. Financial Responsibility. The CONSULTANT shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. Section 19. Miscellaneous 19.1 Successors and Assigns. The CONSULTANT shall not assignor subcontract its obligations under this Contract, except in writing and with the prior express written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY 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 Contract. 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. 19.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 19.3 Negligence. (A) In the event the CONSULTANT shall be found to be negligent in any aspect of the service or work, the COUNTY shall have the right to terminate the Contract after five (5)days'written notification to the CONSULTANT. 10 of 21 (B) The COUNTY may cancel this Contract without cause by giving the CONSULTANT sixty (60) days' written notice of its intention to do so. 19.4 Public Entities Crimes/Convicted Vendor. 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 Contract, CONSULTANT represents that the execution of this Contract will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes).Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor 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 CONSULTANT has been placed on the convicted vendor list. CONTRACTOR will/shall 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. 19.5 Claims for Federal Aid. CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 19.6 Non-Discrimination. CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88- 352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI II of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) 11 of 21 Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. 19.7 No Solicitation/Payment. The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract 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 Contract. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Contract 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. 19.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. 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 Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion., terminate this 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. 19.9 Covenant of No Interest. CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 19.10 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 19.11 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 19.12 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor 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 contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is 12of21 otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 19.13 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 19.14 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. 19.15 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 19.16 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.17 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 19.18 Procurement of recovered materials as set forth in 2 CFR§200.322. 19.19 Other Federal Requirements. 13 of 21 19.20 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 19.21 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 Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 19.22 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subcontractors or subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor or subconsultant during the Contract term. 19.23 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701 b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Section 20. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Contract 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. Section 21. 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 Contract 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. Section 22. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. Section 23. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a 14of21 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 Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Section 24. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract 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 Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Section 25. Governing Law,Venue, Interpretation, Costs and Fees. This Contract 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 Contract, COUNTY and CONSULTANT agree that venue shall lie in the 16t" Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Agreement shall be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the County; the construction and interpretation of this Agreement and all laws, regulations, or instruments relating to, in connection with, or arising out of this Agreement, shall be construed in favor of the BOCC and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, in trial, bankruptcy, and on appeal. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 26. Attorney's Fees and Costs. The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Section 27. Adjudication of Disputes or Disagreements. The COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Section 28. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONSULTANT specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Section 29. Severability. If any term, covenant, condition or provision of this Contract(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 Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the 15of21 enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONSULTANT agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 30.Attestations and Truth in Negotiation. The CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract 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 Contract. Section 31. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants that: (A) The CONSULTANT'S name in this Agreement is its full name. (B) He or she is authorized to act and contract on behalf of CONSULTANT. Section 32. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary and corporate action, as required by law. Section 33. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the CONSULTANT for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this Agreement. Section 34. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONSULTANT and subcontractors and their respective legal representatives, successors, and assigns Section 35. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Section 36. Execution in Counterparts. This Contract 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 Contract by signing any such counterpart. In Witness Whereof, the parties have executed this Contract as indicated below. (SEAL) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 05.31.2022 As Deputy Clerk County Adm p y � " inistrator, Roman Gastesi MONROE COUNTY ATTORNEY q TOfORM 16 of 21 By.-J-1'V(:.1�()0k1 Signature: Witness (Print Name) By Print Name and Title: Robert Linares P.E.; Executive Vice President Witness (Signature) On behalf of: Metric Engineering, Inc. STATE OF ZV3 COUNTY OF It4,,194,0- Subscribed and attested before me, by means ofaphysical presence or 0 online notarization, on 1j,V'A;rl-,A V- (date) by in his/her authorized official capacity for Metric Engineering, Inc. He/She is personally k has produced L(t pe of identifi ation) as identification. Y N MORELLAGUITIAN OTARY PUBLIC My COMMISSION#HH O5W6 EXPIRES:November 8,2024 Bonded Thru Notary Pubiic underwrKers My Commission Expires: 17 of 21 EXHIBIT "A" SCOPE OF SERVICES FOR PRELIMINARY FEASIBILITY STUDY FOR A MOORING FIELD WITHIN ONE MILE OF THE KEY WEST BIGHT CITY DOCK Metric Engineering, Inc. (hereinafter"CONSULTANT", "CONTRACTOR", or"METRIC") hereby enters into a fixed-price, not-to-exceed contract with Monroe County(hereinafter"COUNTY")of$28,480.00, to assist the Monroe County Marine Resources Office in determining the potential for mooring field development within one (1) mile of Key West Bight City Dock, Monroe County, Florida by collecting and evaluating relevant site data including but not limited to: preliminary benthic and bathymetric data, existing shoreside/ upland services provided by the City of Key West and need/ capacity for additional services, and preparing and presenting a summary report of findings to the Monroe County Board of County Commissioners (BOCC). CONSULTANT'S duties and responsibilities to the COUNTY shall comprise the following tasks: Pro'eci t Objective: The objective of this Preliminary Feasibility Study (Study) is to determine the potential for mooring field development within one (1) mile of Key West Bight City Dock to provide a safe, managed alternative for the local liveaboard community that currently anchors in this area by collecting and evaluating relevant site data. Background: In July 2021, Monroe County was designated as an anchoring limitation area as a means of addressing long-term anchoring issues in waters throughout the Florida Keys (Fla. Stat. § 327.4108). This statute included a requirement that 250 new public mooring balls be placed within one (1) mile of the Key West Bight City Dock and 50 additional moorings be placed within the existing Key West Garrison Bight Mooring Field to ensure that an alternative for the existing liveaboard community in this area is available prior to implementing a 90-day time limit for vessels anchored in waters throughout Monroe County. In November 2021, data collected by staff of the City of Key West, Monroe County and the Florida Fish and Wildlife Conservation Commission found that only 137 occupied ("liveaboard") vessels are currently anchored in the vicinity of the Key West Bight City Dock. The remaining vessels were either being stored and/or already in derelict condition. Therefore, it was determined that 300 new moorings would exceed the needs of the existing liveaboard community in this area. In addition, it was determined that installing 300 new moorings was not feasible in these locations due to insufficient physical space and significant state and federal regulatory hurdles, likely resulting in the inability to implement the 90-day anchoring time limit. As a result, two bills (House Bill 1065/Senate Bill 1432)were filed, enacted, and approved in the course of the 2022 session of the Florida Legislature amending the number of required new moorings to at least 100 to ensure the successful implementation of this 90-day anchoring time limit. In order to move expeditiously toward installation of the required 100 new moorings, the BOCC approved Monroe County Resolution No. 038-2022 directing staff to begin the necessary steps toward achieving such implementation by conducting a feasibility study of mooring potential in this area including but not limited to benthic resource surveys, water depth surveys, and regulatory guidance for the BOCC's further consideration. 18of21 The proposed Study areas(Exhibit B)were developed considering limiting factors for siting a mooring field including federal navigation channels, military exclusion areas, and deeded baybottom parcels. Scope of Work: Task 1 -Benthic Resource Survey and Map: METRIC will perform a preliminary survey of the presence, general distribution and relative density of benthic resources in the survey areas shown on Exhibit B. COUNTY will provide GIS data layer of Exhibit B to METRIC. The benthic resource survey will be conducted to a level suitable to determine the best placement of a mooring field based on the presence and distribution of benthic resources and water depths. Permit level surveying and data collection is not appropriate at this time due to the potential for change in conditions/distribution of resources. Prior to conducting field work in the Florida Keys National Marine Sanctuary (FKNMS), METRIC will apply for a permit to authorize field work per FKNMS requirements. Deliverables- Benthic resource survey map in PDF and GIS formats. Task 2- Bathymetric Data/Analysis and Map: METRIC will analyze and field-verify the best available data for the survey areas shown on Exhibit B to document the water depths (relative to mean low water) at potential mooring field sites and in possible ingress/egress access routes. Prior to conducting field work in the Florida Keys National Marine Sanctuary (FKNMS), METRIC will apply for a permit to authorize field work per FKNMS requirements. Deliverables-Bathymetric data map in PDF and GIS formats. Task 3 -Mooring Suitability Ranking and Map: METRIC will identify, rank and map the suitable location(s) for potential moorings of both keeled and non-keeled vessels. The suggested location(s) shall be based on the following site factors: a. Site data collected in Tasks 1 and 2; b. Regulatory criteria; C. Military exclusion areas/setbacks from adjacent military facilities; d. Federal channel setbacks; e. Existing vessel traffic patterns; f. Dinghy access routes and proximity to Key West Bight; and g. Minimum water depth (i.e. controlling depth) necessary for vessels within the mooring location(s) as well as ingress/egress routes of the primary vessel. A minimum of 4 feet of water above benthic resources(if present)for non-keeled vessels and 6 feet of water above benthic resources (if present)for keeled vessels will be necessary. Deliverables-Mooring area suitability ranking map in PDF and GIS formats. Task 4-Shoreside Facility/Services Analysis: METRIC will identify and evaluate the existing shoreside and upland facility/services provided by the City of Key West for the anchored liveaboard community currently using the Key West Bight City Dock including dinghy dockage, trash/recycling, bathrooms,fees,etc. In addition, METRIC will identify the need for additional capacity or services to meet minimum state and federal regulations 19of21 to serve future mooring field patrons. METRIC will obtain representative photos of existing shoreside infrastructure. Deliverables - Description and list of existing facilities/ services provided and any additional capacity needed for minimum state and federal permitting. Representative photographs of existing shoreside infrastructure. Task 5- Regulatory, Proprietary and Mitigation Requirements Analysis: METRIC will evaluate mooring field regulatory and proprietary permitting feasibility and potential mitigation needs/recommendations based on collected site data. Deliverables—Evaluation of potential mooring area permitting feasibility and potential mitigation requirements. Task 6 - Preliminary Feasibility Report: METRIC will provide a Preliminary Feasibility Report incorporating all work products prepared in Tasks 1-5 including all surveys and maps, evaluation of data collected, shoreside/upland facility considerations, and regulatory/permitting considerations. METRIC will include a summary describing the potential for mooring field permitting, recommended next steps, and estimates for additional design, permitting and infrastructure costs to establish the mooring field(s). The report shall also include all GIS data layers for future use by the COUNTY. Deliverables— Summary report of Tasks 1-5. GIS layers developed in Tasks 1-3 for future use by COUNTY. Task 7 - Monroe County BOCC Presentation METRIC will present the findings of the Preliminary Feasibility Report to the Monroe County Board of County Commissioners for further consideration. Deliverables— One presentation of Preliminary Feasibility Report to BOCC. Payment: Payment to the CONSULTANT shall be by lump sum upon completion of each task(including satisfactory delivery of all deliverables required thereunder). • Task 1: Benthic Resource Survey and Map: $10,320.000 • Task 2: Bathymetric Data/Analysis and Map: $3,920.00 • Task 3: Mooring Suitability Ranking and Map: $2,640.00 • Task 4: Shoreside Facility/Services Analysis: $2,250.00 • Task 5: Regulatory, Proprietary and Mitigation Requirements Analysis: $1,100.00 • Task 6: Preliminary Feasibility Report: $4,500.00 • Task 7: Monroe County BOCC Presentation: $3,750.00 Total Not-to-Exceed Cost: $28,480.00 20 of 21 EXHIBIT " " S7`U®Y AREA MAP F- i a' ,um�; IVV i Legend Key West Bight City Dock oncee t Mile Radius n� �me Stud Area Acres imNv�ntimiuo y ) Deeded Parcels Federal Restricted Areas r m Federal Channels ' Garrison Bight Mooring Field t cab ;awnme camm�-�on�ttec mes._�vs DaaW 2PJ2022 HOAA PWC 21 of 21 ACoR /04/" CERTIFICATE OF LIABILITY INSURANCE 705(MMIDD/2YY 02 2 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 NAME: Erinn E Collinsworth Collinsworth Ins&Risk Mgmt Services Inc PHONE FAX 464 Glen Way A/C No Ext: (786) 930-4795 A/C ,No: (786) 930-4794 E-MAIL Miami Springs FL 33166 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Fire Ins Co of Hartfo 20478 INSURED (305) 235-5098 INSURER B: Continental Insurance Company 35289 Metric Engineering, Inc. INSURERC: Continental Casualty Company 20443 13940 SW 136th Street INSURERD: Miami FL 33186 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 14189 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 MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE IX I OCCUR Y 6080427591 04/01/2022 06/30/2023 1 R E M SEE SOEa occurrence $ 1,000,000 .APPROVED BY RISK MANAGEMENT' MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE 2 2 2 .w, GENERAL AGGREGATE $ 2,000,000 POLICY❑ ❑ LOC PRO- JECT WAVER.N/A YES PRODUCTS-COMP/OPAGG $ 2,000,000 X OTHER:Location & Project I lEmpl Benefits Liab $ 1,000,000 AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident 1,000,000 A X ANY AUTO Y 6080427610 04/01/2022 06/30/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR 6080427574 04/01/2022 06/30/2023 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERC AND EMPLOYERTIONS' Y/N 6080427588 04/01/2022 04/01/2023 X PER STATUTE EERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F­N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability AEH 591907837 04/01/2021 06/30/2022 Each Claim $ 1,000,000 Claims Made Basis Policy Aggregate $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Preliminary Feasibility Study for Mooring Field, Key West Bight City Dock When required by contract: Monroe County Board of County Commissioners is listed as additional insured, excluding professional services, on the general and auto liability. The issuing company will provide 60 days notice of cancellation or non renewal on the general liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE ) Key West FL 33040 (r'VNJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 ACoR /04/" CERTIFICATE OF LIABILITY INSURANCE 705(MMIDD/2YY 02 2 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 NAME: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ext: (786) 930-4795 A/C ,No: (786) 930-4794 E-MAIL Miami Springs FL 33266 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: underwriters at Lloyd's London INSURED (305) 235-5098 INSURER B: Signal Mutual Indemnity Associ Metric Engineering, Inc. INSURER C: 13940 SW 136th Street INSURERD: Miami FL 33186 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 14192 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 MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO RENTED APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ DATE 5/26/2L2 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- El WAVER NIA YES_ POLICY 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$ $ B WORKERS COMPENSATION YIN N3-7320-0 04/01/2022 04/01/2023 K STATUTE EERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F_N] NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Maritime Employers Liab F04-MLB-163679-22 04/01/2022 04/01/2023 $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Preliminary Feasibility Study for Mooring Field, Key West Bight City Dock CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE ) Key West FL 33040 (r'VNJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1