Item O02 0.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: 0.2
Agenda Item Summary #8524
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
Not applicable
AGENDA ITEM WORDING: Approval of a contract with WSP USA, Inc. for $18,500 to provide
professional consulting services to assist the County in reviewing the mobile LIDAR elevation data
to be gathered by the LIDAR contractor on behalf of the five municipalities, to be fully funded by
the municipalities.
ITEM BACKGROUND: This is to approve a contract with WSP USA, Inc. to provide a quality
assurance role in the review of the mobile LIDAR survey elevation data to be collected by the
County's contractor on behalf of the five municipalities in Monroe County. WSP previously
performed this service for the County during its mobile LIDAR collection efforts. This work is fully
funded through budgeted funds in each of the five municipalities. No county funds will be expended.
Monroe County has agreed to manage the work conducted during this Project for the municipalities.
The road elevation data collected during this project will be provided to the municipalities and also
added to mobile LIDAR data previously collected in Monroe County. The expenditure of public
funds serves a public purpose, as the work conducted will provide necessary survey data for road
elevation planning in the five municipalities to address sea level rise issues. Following are the
amounts funded by each municipality. An interlocal agreement between the County and each
municipality specifies the funding commitment of each.
MUNICIPALITY LIDAR REVIEW
Islamorada $ 6,105.00
Layton $ 185.00
Marathon $ 5,180.00
Key Colony Beach $ 555.00
Key West $ 6,475.00
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TOTAL $ 18,500.00
PREVIOUS RELEVANT BOCC ACTION:
08-10-2016: Authorize entering into a contract with Parsons Engineering, Inc. in an amount not to
exceed $33,680.00 to provide professional consulting services to assist the County with evaluating
our LIDAR elevation data mapping needs and preparing a solicitation for LIDAR elevation data.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
WSP Contract for Municipalities mobile lidar FINAL-WSP
2022 05 COI WSP signed exp 5 12023
FINANCIAL IMPACT:
Effective Date: June 15, 2022 Expiration Date: One year
Total Dollar Value of Contract: $18,500 Total Cost to County: $0
Current Year Portion: Est. $10,000 Budgeted: Yes —by the municipalities
Source of Funds: Municipalities CPI: No
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: Not applicable
Revenue Producing: No If yes, amount:
Grant: No County Match: No
Insurance Required: Yes
Additional Details:
06/15/22 NEW COST CENTER ADDED $18,000.00
102-22556
REVIEWED BY:
Rhonda Haag Completed 05/13/2022 12:43 PM
Cynthia Hall Completed 05/19/2022 2:35 PM
Purchasing Completed 05/20/2022 9:08 AM
Budget and Finance Completed 05/25/2022 2:31 PM
Brian Bradley Completed 05/26/2022 8:48 AM
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Lindsey Ballard Completed 05/31/2022 10:16 AM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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CONTRACT FOR
MOBILE LIDAR SURVEY REVIEW FOR THE MUNICIPALITIES
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
WSP USA, INC.
THIS AGREEMENT is made and entered into this day of ,2022 .2
by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 and WSP USA, Inc.
100 North Parkway, Suite 110, Worcester, MA 01605 (WSP) ("CONSULTANT").
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WITNESSETH
WHEREAS, sea-level rise is a high priority issue in low-lying areas throughout the world
and Monroe County's municipalities are experiencing first hand these impacts on its roads and
facilities; and
WHEREAS,the COUNTY and municipalities are interested in determining more accurate
elevations for roads, land and buildings measure and evaluate the low-lying areas and to assess
areas that are vulnerable to sea level rise; and
WHEREAS, the availability of accurate elevations will enable several other tasks of
interest to the municipalities, including road maintenance, road elevations, pavement condition
evaluation, road drainage analysis, utility infrastructure location inventory, and vegetation
management; and
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WHEREAS, the COUNTY has a separate CONTRACT with Wood to provide mobile
LIDAR surveys for the five municipalities of Islamorada, Layton, Marathon, Key Colony Beach
and Key West for their municipal roads and other facilities to obtain elevation data to help them `2
prepare for sea level rise; and
WHEREAS, the COUNTY and municipalities desire to have a CONSULTANT perform 0
mobile LIDAR survey assistance and review of the collected data for the five municipalities; and
WHEREAS, the CONSULTANT is a professional firm qualified to render said services; U
and
WHEREAS,the COUNTY desires to engage the CONSULTANT to provide such services
to the COUNTY on behalf of the municipalities according to the terms and subject to the conditions E
set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
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Section 1. SCOPE OF SERVICES
CONSULTANT shall 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
agreement. CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY.
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 these Agreement documents. The
CONSULTANT shall at all times exercise independent, professional judgment and shall assume 2.
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professional responsibility for the services to be provided. CONSULTANT shall provide services
using the following standards, as a minimum requirement:
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A. The CONSULTANT shall maintain adequate staffing levels to provide the services 3:
required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship with
the COUNTY. To the extent that CONSULTANT uses subcontractors or
independent Consultants, this Agreement specifically requires that subcontractors Q
and independent CONSULTANTS shall not be an employee of or have any 0-
contractual relationship with COUNTY.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The COUNTY will provide such data as is required by the CONSULTANT and is mutually
agreed upon.
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2.2 The COUNTY will make payments as outlined in Section 4 of this Agreement. U)
Section 3. TERM OF AGREEMENT
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3.1 Except as noted below, this Agreement shall be effective on the date of execution. The
County shall issue a Notice to Proceed which will conclude with completion of the
services outlined in Exhibit A of this Agreement, which shall not be later than nine (9)
months.
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Section 4. CONTRACT SUM AND PAYMENT TO CONSULTANT U
4.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of the Contract the Contract Sum of Eighteen Thousand Five Hundred Dollars u
($18,500.00) subject to additions and deductions as provided in the Contract Documents. E
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4.2 Payment will be made according to the hours expended per municipality as shown in
Exhibit A, and according to the Florida Local Government Prompt Payment Act, Section
218.70, Florida Statutes. The Provider shall submit to the COUNTY an invoice with
supporting documentation in a form acceptable to the Clerk and to Monroe County.
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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. Acceptability to
Monroe County is based on Monroe County rules. The Project Manager will review the
request, note approval on the request and forward it to the Clerk for payment. The Clerk
will seek reimbursement from the municipalities prior to payment being made to the
CONSULTANT.
4.3 The COUNTY's performance and obligation to pay under this Agreement is contingent .2-
upon receipt of funds from the municipalities for the services performed.
4.4 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon 0
appropriations by Monroe County's municipalities.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other parry to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without cause
upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for
work performed through the date of termination.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that they have carefully examined the RFP, his response,
and this Agreement and has made a determination that he/she has the personnel,equipment, ?
and other requirements suitable to perform this work and assumes full responsibility
therefore. The provisions of the Agreement shall control any inconsistent provisions 0
contained in the specifications. All specifications have been read and carefully considered
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by CONSULTANT,who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Agreement be more
strongly construed against COUNTY than against CONSULTANT. c;
B. Any ambiguity or uncertainty in the specifications shall not be construed against the
drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by 0
CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services.
D. CONSULTANT agrees that County Administrator or his designated representatives may U
visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of
services during CONSULTANT'S normal business hours.
E. CONSULTANT has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and will at all times
conduct its business activities in a reputable manner. Proof of such licenses and approvals
shall be submitted to COUNTY upon request.
Section 7. NOTICES
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Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: County Administrator, Mr. Roman Gastesi
1100 Simonton Street, Suite 205
Key West, Florida 33040 2.
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To the CONSULTANT: WSP USA, Inc., Mr. Ted Covill
100 North Parkway, Suite 110 0
Worcester, MA 01605 3:
Section 8. RECORDS
Public Records Compliance. CONSULTANT must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access
to, and inspection of, all documents, records, papers, letters or other "public record" materials in
its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and CONSULTANT in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the M
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. 0
The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law U)
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is .2
required to:
(1) Keep and maintain public records that would be required by the County to perform the
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service.
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(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 0
that does not exceed the cost provided in this chapter or as otherwise provided by law. U
(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 CONSULTANT does not transfer
the records to the County. E
(4) 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
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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.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the
records to the County or allow the records to be inspected or copied within a reasonable time. 2.
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If the CONSULTANT does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,notwithstanding the 0
County's option and right to unilaterally cancel this contract upon violation of this provision by 3:
the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or
pursuant to a valid public records request within a reasonable time may be subject to penalties
under Section 119.10, Florida Statutes.
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CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY—
BRIAN ,MONROECOUNTY—FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL
33040.
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Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NO. 010 & 020-1990 2.
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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. 0
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
agreement without liability and may also, in its discretion, deduct from the agreement or purchase 0
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price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
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By signing this agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto and
may result in debarment from County's competitive procurement activities.
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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 an Agreement with a public entity for the construction
or repair of a public building or public work,may not perform work as a CONSULTANT, supplier,
subcontractor, or CONSULTANT under Agreement 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 the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. .2-
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Section 11. GOVERNING LAW,VENUE
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This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements 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 CONSULTANT agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 12. 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
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competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision U)
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative 0
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. Mediation proceedings initiated and conducted 0
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.
Section 14. BINDING EFFECT
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The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
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Section 15. 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.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
2.
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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 no
resolution can be agreed upon within 30 days after the first meet and confer session,then any parry
shall have the right to seek such relief or remedy as may be provided by this Agreement or by 3:
Florida law. This Agreement shall not be subject to arbitration.
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either parry relating to the
formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT
agree to participate, to the extent required by the other party, in all proceedings, hearings,,
processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 18. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
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COUNTY and CONSULTANT agree that there will be no discrimination against any person, and 0
it is expressly understood that upon a determination by a court of competent jurisdiction that U)
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to .2
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352), which prohibit 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 0
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 U
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 u
Rehabilitation Act of 1970 (PL 91616), as amended,relating to nondiscrimination on the basis of E
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), as amended from time to time, relating to
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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 2.
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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 11, ¶ C, agrees as follows: 0
(a) The CONSULTANT will not discriminate against any employee or applicant for 3:
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,
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sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be Q
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,
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available to employees and applicants for employment, notices to be provided by the contracting en
officer setting forth the provisions of this nondiscrimination clause.
(b) The CONSULTANT will, in all solicitations or advertisements for employees placed
by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
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(c)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, E
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discussed, or disclosed the compensation of the employee or applicant or another employee or U)
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 .2
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.
(d) The CONSULTANT will send to each labor union or representative of workers with 0
which it has a collective bargaining agreement or other contract or understanding, a notice to be U
provided by the agency contracting officer, advising the labor union or workers' representative of
the CONSULTANT's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees and u
applicants for employment.
(e) 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.
(f) 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
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contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(g) In the event of the CONSULTANT's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared
ineligible for further Government 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 2.
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order of the Secretary of Labor, or as otherwise provided by law.
(g) The CONSULTANT will include the portion of the sentence immediately preceding
sub-paragraph(a)and the provisions of paragraphs (a)through(g)in every subcontract or purchase 0
order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to 3:
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The CONSULTANT will take such action with
respect to any subcontract 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 a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor
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.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONSULTANT 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
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Agreement.
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Section 20. CODE OF ETHICS U)
The parties understand that officers and employees of the COUNTY are required to comply with
the standards of conduct for public officers and employees as delineated in Section 112.313, .2
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 21. NO SOLICITATION/PAYMENT 0
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The COUNTY, MUNICIPALITIES and CONSULTANT 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.
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Section 22. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY
and the CONSULTANT 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
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Agreement entered into by the COUNTY be required to contain any provision for waiver. 2.
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Section 23. PRIVILEGES AND IMMUNITIES
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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.
Section 24. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall
it be construed as,relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of 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 0
extent permitted by the Florida constitution, state statute, and case law. U)
Section 25. NON-RELIANCE BY NON-PARTIES
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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 COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT 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 0
individuals, entity or entities, have entitlements or benefits under this Agreement separate and U
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apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Section 26. ATTESTATIONS E
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CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, a Drug-
Free Workplace Statement, a Non-Collusion Affidavit and a Vendor Certification Regarding
Scrutinized Companies.
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Section 27. 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. 2.
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Section 28. EXECUTION IN COUNTERPARTS
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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.
Section 29. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 30. INSURANCE POLICIES
30.1 General Insurance Requirements for Other CONSULTANTS and Subcontractors.
As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The 0
CONSULTANT will ensure that the insurance obtained will extend protection to all U)
Subcontractors engaged by the CONSULTANT. As an alternative, the CONSULTANT may
require all Subcontractors to obtain insurance consistent with the attached schedules; however
CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit .2
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
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The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified 0
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT U
to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONSULTANT's failure to provide u
satisfactory evidence. E
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The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified herein. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion
11
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of work resulting from the failure of the CONSULTANT to maintain the required insurance shall
not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure
to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
2.
• Certificate of Insurance, or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance '0
policies required by this contract. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty >
(30) days prior notification is given to the County by the insurer.
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.
The Monroe County Board of County Commissioners, the municipalities, its employees and
officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
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30.2 Insurance Requirements
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain 2
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: 0
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• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage .2
The minimum limits acceptable shall be $300,000 Combined Single Limit(CSL) 0
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If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person 0
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners and the municipalities shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
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30.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, U)
liability coverage for:
2.
.2
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be: 0
$300,000 Combined Single Limit(CSL) 3:
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners and the municipalities shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
30.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition,the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than: U)
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be
provided by a company or companies authorized to transact business in the state of Florida.
30.5 Professional Liability Requirements 0
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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.
The minimum limits of liability shall be $300,000 per Occurrence/$500,000 Aggregate.
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Section 31. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the COUNTY
and the County's elected and appointed officers and employees harmless from and against(i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to,or sustained by, any indemnified party by reason of, or in connection with
(A) any activity of CONSULTANT or any of its employees, agents, CONSULTANTS or other
invitees during the term of the Agreement, (B)the negligence or recklessness, intentional wrongful
misconduct, errors or omissions, or other wrongful act or omission of CONSULTANT or any of 0
its employees, agents, sub-CONSULTANTS or other invitees, or(C) CONSULTANT's default in 3:
respect of any of the obligations that it undertakes under the terms the Agreement, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
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CONSULTANTS or invitees (other than CONSULTANT). The monetary limitation of liability
under this contract shall be equal to the dollar value of the contract and not less than $1 million 0-
per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes W
of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of the Agreement, this provision will survive the expiration of the term of the
Agreement or any earlier termination of the Agreement.
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Section 32. INDEPENDENT CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
CONSULTANT and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her 0
employees, CONSULTANTS, servants or agents to be employees of the Board of County U)
Commissioners for Monroe County. As an independent CONSULTANT 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. .2
Section 33. COMPLETENESS OF WORK.
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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, 0
and shall correct at its expense all significant errors or omissions therein which may be disclosed. U
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. This provision shall not apply to any maps, official records, u
contracts, or other data that may be provided by the COUNTY or other public or semi-public E
agencies.
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The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
14
Packet Pg. 2120
0.2.a
COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the
work schedule. Such an agreement shall be made between the parties.
To the extent that there is any conflict between the provisions of this Agreement and provisions of
Exhibit A, the terms and conditions in this Agreement shall control. 2
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on
the day of 2022.
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(SEAL)
Attest: Kevin Madok, CLERK MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
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By By:
As Deputy Clerk MAYOR
(CORPORATE SEAL) WSP USA, INC.
ATTEST: 0
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Downi n Digitally signed by Downing, °y, Caroline(downingc)
Caroline DN:—Downing,Caroline
(downingc),o-Active, �
(downing Date'022'05e,°,o°499@wo4�oo Sr. Director Operations, VP
By By:
Title:
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Approved as to form and legal sufficiency:
Monroe County Attorney's Office 5-13-2022
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Exhibit A - SCOPE OF SERVICES
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Worcesler, MA
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May 2, 2022
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Ms. Rhonda Haag
Director Sustainability
Monroe County BOCCE'
Dear Rhonda,
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RE: Mobile LiDAR Survey Assistance as
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WSP USA Inc. (WSP) is providing this proposal for Monroe County (County)for general consulting and
data review. WSP has previously aided with an upcoming mobile LiDAR project that the County will be a
conducting. WSP understands that the County will be contracting with Wood Environmental to provide
the mobile LiDAR data collection and data extraction.
This proposal includes the preparation and participating in meetings with the County and the Contractor,
review of the project deliverables and general consulting,
SCOPE OF WORK z
Task 1 Project Work Plan Review
It is anticipated that the Consultant will provide the County with a Project Work Plan. This Work Plan will .2
outline the Consultant's approach and methodologies that will be used on the project. WSP will review the 60
project plan and provide comments and suggestions to ensure that the Consultant is providing the services E
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and deliverables that were outlined in the RFP and the Consultants proposal. as
Task 2 Preparation and Meetins! Participation .2
WSP anticipates that there will be four meetings that WSP may participate in:
0 Pre-pilot meeting-This meeting will discuss the pilot project where the Consultant will provide 0
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services for a small area within the County as a "test" of the Consultant's project approach and 0
methodology.
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0 Post-pilot meeting-This meeting will discuss the results of the pilot project and the County will U
provide comments and potential corrections that will be applied to the remainder of the project. %
0 Mid-project meeting-This meeting will be used to discuss the projects deliverables and
schedules. The County will discuss and issues that may have arisen during the project.
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0 Project wrap-up meeting-When the County receives the final deliverables,a meeting will take E
place to outline any remaining issues,comments that need to be addressed and any remaining 0
items that need to be provided to the County.
Task 3—Pilot Project Review
The Pilot Project will be the first set of data that the Consultant will provide to the County. WSP will
review the data to ensure that the data meets the project specifications that were outlined in the RFP and
as contracted with the County. WSP will load and test the data, check layering schema, data connectivity
and general integrity of the data. WSP will provide the County with our findings and outline any issues
that the Contractor needs to address as they proceed on to the remaining project area.
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Task 4—Delivery Area Review and Final Review
WSP will provide a review of each of the delivery areas.These reviews will be like the Pilot Project
Review.WSP will monitor the progress of the project and ensure that the data that is being delivered
and the quality is consistent and that all comments and directions that were given to the Contractor
were applied to each of the deliveries. AD
Upon completion of the data deliveries,WSP will conduct a final review of the data and assure that the `2
County has received all project deliverables.WSP will provide feedback to the County and
recommend any issues that must be resolved before the County accepts the data.
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Task 5—General Consulting Services LD
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WSP will be available to provide General Consulting Services to the County. The Consulting Services ('
provided will be, but not limited to:
• Phone calls to assist the County regarding the Mobile LiDAR project not outlined above.
• Review current and new technologies that may be of interest to the County and how best to U)
implement these technologies.
• Offer the County guidance regarding equipment and software that may be needed to process
and work with the data delivered as part of the Mobile LiDAR Project.
• Provide guidance on other geospatial initiatives (photogrammetry, digital orthophotography, z
aerial LiDAR, GIS, etc.) that the County may conduct
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PROJECT TEAM
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WSP Parsons Brinckerhoff will assign the following professionals to this project: as
• Project Manager—Ted Covill,CP,PPS,WSP's Aerial Mapping and Remote Sensing Group Manager 2
• Technical Advisor LiDAR—This person will review LiDAR,Imaging and point registrations
• Technical Advisor Data Extraction—This person will review the LiDAR and review Data that is
extracted from the Mobile LiDAR point cloud data 0
ESTIMATEDFEES c
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Municipality LiDAR Data Review
and Evaluation
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Islamorada $6,105.00 E
Key West $6,475.00
Key Colony Beach $555.00
Layton $185.00
Marathon $5,180.00
Total $18,500.00
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ASSUMPTIONS
• All meetings will be held via conference call.
• Task 3 assumes that the data will require a single review and the Consultant's resubmittal does
not introduce additional issues that will need to be resolved.
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SCOPE OF SERVICES: WSP shall be obligatedto performonly the services described in this Proposal
for the fees identified above. In the event that the Client (or its agents or representatives) requests
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services outside of the stated scope and WSP undertakes to perform same, WSP shall perform the
services on a time and materials basis at its then standard hourly rates,unless the Client and WSP enter
into a written change order, supplemental agreement or separate agreement for said additional services,
which provides for a different compensation arrangement. Any such additional services shall otherwise q.
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be subject to these Terms and Conditions.
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PAYMENT: Payment for the services shall be due and payable by the Client upon presentation of an
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Invoice by WSP. At the option of WSP, Invoices shall be provided monthly,upon completion of any phase
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of the work or at other appropriate intervals. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC. Contractor to submit to the County invoices
with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally as
accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of 0
funds. a
RECORDS, AUDITS: The Contractor shall maintain all books,records and documents in accordance with
generally accepted accounting principles. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to the records for public records or auditing purposes during the term of this 4-
Agreement and for a period of five (5) years thereafter. If an auditor employed by the County or Clerk
determines that monies paid to Workday were not authorized pursuant to the Agreement, Workday shall repay 0
the monies together with interest calculated pursuant to F.S. 55.03,running from the dates on which the monies 0.
were paid to Workday.
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PUBLIC RECORDS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all publi( E
records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public agency with
copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost tha
does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
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c. Ensure that public records that are exempt or confidential and exempt from public records disclosur(
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 public agency.
d. Upon completion of the contract,transfer, at no cost,to Monroe County all public records in possession
of the contractor or keep and maintain public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon completion of the contract, the contractor shah
destroy any duplicate public records that are exempt or confidential and exempt from public records disclosurf .2
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 2
provided to Monroe County, upon request from the public agency's custodian of records, in a format that i,
compatible with the information technology systems of Monroe County.
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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 (305) 292-3470, —bradlevco
brian@monroecountv-fl.gov. c/o Monroe County Attorney's Office, 1111 121h St., SuitE
408, Key West FL 33040. co
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DISPUTES:Any dispute as to an invoice shall be resolved in accordance with the provisions of the
Florida Local Government Prompt Payment Act.
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OWNERSHIP OF INSTRUMENTS OF SERVICE:All work product prepared by WSP,includingbut E
not limited to,reports,plans, plats, specifications, designs, surveys, field data, field notes, laboratory test LD
data, calculations, estimates, computer data or drawing files, and other documents ("Instruments of
Service") in connection with the performance of its duties hereunder shall be and remain the property of
WSP. Client, upon payment of all sums due to WSP, is hereby granted a license to use the Instruments of
Service for purposes of the Project only. Such documents are not intended or represented to be suitable 4-
for reuse by the Client or others on extension of the project or on any other project. Any reuse of
Instruments of Service prepared by WSP without written permission or adaptation by WSP for the 0
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specific purpose intended shall be at the Client's sole risk and without liability or legal exposure to WSP 0.
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and subject to reasonable compensation by Client to WSP, as determined by WSP at its sole discretion.
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STANDARD OF PRACTICE: Services performed by WSP under this Agreement shall be conducted in a E
manner consistent with that level of care and skill ordinarily exercised by members of the profession
currently practicing in the same locality under similar
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conditions.No other representation expressed or implied,and no warranty or guarantee is included or
intended in this Agreement, or in any report,opinion,document or otherwise.
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EXCLUSIONS: WSP shall have no responsibility for: (a) the accuracy or sufficiency of any document
prepared by others and provided to WSP by the Client or as directed by Client. It is specifically
acknowledged that WSP has no control over, and has made no representation with regard to, the
favorable or timely approval, permitting, or licensing action by governmental agencies, departments or 0
boards as a result of services provided by WSP. .�LD
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FORCE MAJEURE: No delay or failure in performance by either party (except with respect to
payment) shall constitute default hereunder or give rise to any claims if such delay or failure is caused by
Force Majeure.
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APPLICABLE LAW: Unless otherwise specified, this Agreement shall be governed by the laws of the 0.
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State where the project is located.
SEVERABILITY: Should any portion or provision of this Agreement be found to be unenforceable then
all other provisions shall remain in full force and effect.
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MODIFICATION OF TERMS AND CONDITIONS:If the Client makes changes to the Proposal or these
Terms and Conditions or attached different or additional contract terms hereto, same shall not be binding E
on WSP unless and until WSP specifically agrees to same in writing.
ASSIGNMENT: The agreement to which these terms and conditions relate, and the rights and
obligations hereunder may not be assigned or otherwise transferred by either party without the prior
written consent of the other party. 0
PROPOSAL EXPIRATION: Unless otherwise stated in the Proposal,the offer to provide professional
services set forth in the Proposal is valid for ninety (90) days from the date of the Proposal. WSP shall U
have the right to cancel and withdraw the Proposal at any time prior to acceptance. co
BUSINESS INTEGRITY:WSP is committed to integrity in all aspects ofits businesses and expects its E
clients and partners to be similarly committed. As such,Client shall always be in compliance with all
applicable laws,rules and regulations,including but not limited to those dealing with bribery,
kickbacks,corruption and other prohibited business practices.
E-Verify(F.S. 448.095):
(a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use
the E-Verify system to verify the work authorization status of all newly hired employees. A public employer,
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contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses
the E-Verify system.
(b)1. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor
with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien.
2. The contractor shall maintain a copy of such affidavit for the duration of the contract. D
(c)l. A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with
which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. -2-
2. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but °E
the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the
contractor to immediately terminate the contract with the subcontractor. 0
3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be �
considered as such. >
(d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge
a termination under paragraph (c)no later than 20 calendar days after the date on which the contract was
terminated.
(e) If a public employer terminates a contract with a contractor under paragraph(c), the contractor may not be CL
awarded a public contract for at least 1 year after the date on which the contract was terminated. co
(f) A contractor is liable for any additional costs incurred by a public employer as a result of the termination of
a contract. co
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PUBLIC ENTITY CRIME STATEMENT:
(Section 287.133 F.S.): "A person or affiliate who has been placed on the convicted vendor list following a U-
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conviction for public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid,proposal, or reply 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 a
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract EO
with any public entity, and may not transact business with any public entity in excess of the threshold amount U)
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list." 2-
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ETHICS CLAUSE
Company warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County 0
officer or employee in violation of Section 2 of Monroe County Ordinance No. 10-1990 or any County officer or 5
employee in violation of Section 3 of Ordinance No. 10-1990. 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 t0
the contract or purchase price, or otherwise recover, the full amount of any fee, commission,percentage, gift, or 0.
consideration paid to the former County officer or employee.
NONDISCRIMINATION E
COUNTY and CONTRACTOR 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 Z
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or CONTRACTOR 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 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
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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 VIII of the Civil Rights Act of 1968 (42 USC s.
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to 2-
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state °2
statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement.
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Attachments 1 and 2 to this Exhibit(Non-Collusion Statement and Drug-Free Workplace Form) are hereby
incorporated by reference as if fully set forth herein.
We greatly appreciate the opportunity to provide you with a proposal for these services.Please let me know
ifyou have any questions, or ifyou require additional information.
The proposal represents our best evaluation of the professional and technical services required to complete
the project. If the proposal is satisfactory to you, please indicate your acceptance by completing and
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signing the original in the space provided below and return the original to this office for our files. Please
keep a copy for your records.
If you have any further questions, please do not hesitate to call this office.
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Sincerely,
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Ted Covill,CP,PPS
Aerial Mapping and Remote Sensing Group Manager
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Monroe County Purchasing Policy and Procedures
ATTACHMENT D10
NON-COLLUSION AFFIDAVIT
I, of the city of according to law on my oath,
and under penalty of perjury, depose and say that
a. I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for .
and that I executed the said proposal
with full authority to do so;
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b. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor;and
d. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature)
0
Date:
U)
STATE OF: 76
.2
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 0
c�
notarization, on (date) by
0
U
(name of affiant). He/She is personally known to me or has
produced (type of identification) as
identification.
c�
NOTARY PUBLIC
My Commission Expires:
Revised BOCC 3/18/2020
Page 91 of 106
Packet Pg. 2130
0.2.a
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.11
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 76
possession, or use of a controlled substance is prohibited in the workplace and specifying the "c5
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 0
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations. >
3. Give each employee engaged in providing the commodities or contractual services that are under Wo
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law
of the United States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
U)
(Signature)
Date:
0
STATE OF:
c�
COUNTY OF:
0
U
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or
has produced (type of identification) as identification.
c�
NOTARY PUBLIC
My Commission Expires:
Revised BOCC 3/18/2020
Page 92 of 106
Packet Pg. 2131
FDA�TEI 0.2.b
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 5/25/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.'
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
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 of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Service Team
ArthurJ. Gallagher Risk Management Services, Inc. PHONE Ext: 212-994-7100 FAX
250 Park Avenue, 5th Floor (A MAINo,L
New York NY 10177 ADDRESS: GGB.WSPUS.CERTREQUESTS@AJG.COM
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Liberty Insurance Corporation 42404
INSURED WSPGLOB-01 INSURERB:Zurich American Insurance Company 16535
WSP USA Inc. U)
LD
One Penn Plaza INSURER C:
New York, NY 10119 INSURERD:
INSURER E:
a
INSURER F:
COVERAGES CERTIFICATE NUMBER:1486774849 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. q)
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
B X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-09 5/1/2022 5/1/2023 EACH OCCURRENCE $3,500,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $100,000
BY MED EXP(Any one person) $10,000
BATE 4/,�17. 77 PERSONAL&ADV INJURY $3,500,000
CL
GEN'L AGGREGATE LIMIT APPLIES PER: Lt �.r GENERAL AGGREGATE $7,500,000
PRO- WAIVER.MA YES_
X POLICY JECT LOC PRODUCTS-COMP/OP AGG $3,500,000
OTHER: $
A AUTOMOBILE LIABILITY Y 04
AS7-621-094060-032 5/1/2022 5/1/2023 COMBINED SINGLE LIMIT $5,000,000 CD
Ea accident
04
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS CL
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $ a
DED RETENTION$ $ CL
A WORKERS COMPENSATION WA7-62D-094060-012 5/1/2022 5/1/2023 X PER OTH-
A AND EMPLOYERS'LIABILITY STATUTE ER
Y/N WA7-62D-094060-982 5/1/2022 5/1/2023
A ANYPROPRIETOR/PARTNER/EXECUTIVE WA7-62D-095609-072 5/1/2022 5/1/2023 E.L.EACH ACCIDENT $2,000,000
A OFFICER/MEMBER EXCLUDED? N "/A` WC7-621-094060-912 5/1/2022 5/1/2023
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
CD
04
04
CD
04
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION.
RE: Mobile Lidar Survey Review for The Municipalities.
Monroe County BOCC is included as Additional Insured as respects General Liability and Auto Liability policies, pursuant to and subject to the policy's terms, Ly
definitions,conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
1111 12th Street, Suite 408 AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2132
FDA�TE 0.2.b
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 5/25/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.'
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
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 of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Service Team
ArthurJ. Gallagher Risk Management Services, Inc. HON Ext: 212-981-2485 Fvc,No:212-994-7074
250 Park Avenue, 5th Floor (AMAIL
New York NY 10177 ADDRESS: GGB.WSPUS.CertRequests@ajg.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: QBE Specialty Insurance Company 11515
INSURED WSPGLOB-01 INSURER B:
WSP USA Inc. U)
INSURER C
One Penn Plaza
New York, NY 10119 INSURERD:
CL
INSURER E
a
INSURER F:
COVERAGES CERTIFICATE NUMBER:1252359590 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. qb
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT DAMAGE ( RENTED
PREMISESS Ea occurrence) $
41
BY C.. MED EXP(Any one person) $ a®
DATE SI2( 202.2 PERSONAL&ADV INJURY $ CIL
GEN'L AGGREGATE LIMIT APPLIES PER: WAVER MA,_„__YES„ GENERAL AGGREGATE $
POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
CD
ANY AUTO BODILY INJURY(Per person) $
T_
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $ CL
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $ a
DED RETENTION$ $ CIL
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/" STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A ProfessionalLiability QPL0022630 11/1/2021 10/31/2022 Per Claim/Aggregate $1,000,000 CD
CLAIMS-MADE
CD
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION
RE: Mobile Lidar Survey Review for The Municipalities.
0
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
1111 12th Street, Suite 408 AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2133