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Item J3 J.3 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: J.3 Agenda Item Summary #11586 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner (305) 289-2805 N/A AGENDA ITEM WORDING: Approval to Advertise a Request for Proposals (RFP) for a Consultant to Provide Mooring Field Design and Permitting Services Relating to Boca Chica Basin (Stock Island) and Man of War Harbor(Key West). ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") has long recognized that unmanaged anchorages with historically high numbers of vessels in the waters surrounding Key West and Stock Island are significant sources of abandoned and derelict vessels. Monroe County has the greatest number of derelict vessels in the State, a problem which causes environmental damage, creates navigational hazards, and costs taxpayers over $500,000 a year. Monroe County has pursued installing a mooring field in the Boca Chica Basin for many years. In 2014, Coastal Systems International conducted a Feasibility Study ("Study") to evaluate siting and development of a new mooring field (or fields) in the Florida Keys. The Study examined the existing unmanaged anchorages at Jewfish Creek, Buttonwood Sound, and Boca Chica Basin. Following the Study, the BOCC directed the professional staff of the Planning and Environmental Resources Department's ("Department") Marine Resources Office to pursue permitting a mooring field at Buttonwood Sound, the highest-ranked location. However,permitting a mooring field at this site was abandoned in 2014 after significant community resistance and difficulty in acquiring a shoreside access site arose. The BOCC subsequently directed the Marine Resources Office's professional staff to pursue permitting a mooring field in Boca Chica Basin instead. The County hired Coastal Systems International to conduct a Detailed Feasibility Study in 2016 and again in 2020 to pursue Conceptual Permitting for the Boca Chica mooring field. Ultimately, the County was unable to continue permitting a mooring field at that time due to the lack of a suitable location for shoreside access and facilities. However, significant work was completed for this project, including: Mooring system design, mooring field and navigational channel design, environmental permit sketches, draft mooring field management plan and draft sovereign submerged land lease drawings. In early 2022, Monroe County acquired a 22,500 square foot property with approximately 150 feet of seawall on the west side of Boca Chica Basin along Maloney Avenue, Stock Island. Now that Monroe County owns a site to provide upland access and shoreside services, the County will be able to hire a consultant to Packet Pg. 2321 J.3 pursue permits from Florida Department of Environmental Protection ("DEP"), United States Army Corps of Engineers ("USACES"), and the Florida Keys National Marine Sanctuary ("FKNMS") for a mooring field in Boca Chica Basin. In July 2021, Florida Senate Bill 1086/F.S. 327.4108(3)(a) designated Monroe County an "anchoring limitation area" as a means of addressing long-term anchoring issues in waters throughout the Florida Keys. This legislation 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 was available prior to implementing a 90-day time limit for vessels anchored in waters throughout the Florida Keys. In November 2021, data collected by professional staff of Monroe County, the City of Key West, and the Florida Fish and Wildlife Conservation Commission ("FWC") found that only 137 occupied liveaboard vessels were 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 due to insufficient suitable space. This would create significant state and federal regulatory hurdles, likely resulting in the inability to implement the 90-day anchoring time limit. As a result, the Florida Legislature approved two bills (Florida House Bill 1065 and Florida Senate Bill 1432/F.S. 327.4108(3)(a)) during the 2022 legislative session which amended the number of required new moorings from 300 to"at least 100" to ensure the successful implementation of this 90-day anchoring time limit. The BOCC approved Resolution No. 038-2022 at the January 21st, 2022, Board meeting, directing the Marine Resources Office's professional staff to begin the necessary steps toward expediting and achieving the implementation of at least 100 new moorings, and to partner with the City of Key West to accomplish this goal and associated management of this location. Monroe County hired Metric Engineering ("Metric") in early 2022 to complete a Feasibility Study to acquire preliminary site-specific data to assist in evaluating and determining the best location for the required 100 moorings. Metric also conducted a shoreside facility analysis at the Key West Bight Marina, the intended shoreside access and service location. Metric presented the results of the Feasibility Study at the Board's September 2022 meeting. The BOCC then directed the Marine Resources Office's professional staff to pursue permitting a mooring field in the highest-ranked location surrounding Wisteria Island in Man of War Harbor. A draft Request for Proposals ("RFP") is attached for BOCC consideration of this request for approval to advertise. Based upon BOCC direction, the Marine Resources Office's ("Office") professional staff will submit the RFP to the Purchasing Department for public noticing. The Office's professional staff anticipates bringing an agenda item back before the BOCC in May 2023 to select a consultant based upon the results of a scoring selection committee that will review the RFP responses. PREVIOUS RELEVANT BOCC ACTION: March 2014 - Direction to pursue a mooring field at Buttonwood Sound. August 2014 - Direction to no longer pursue a mooring field at Buttonwood Sound, and continue to Packet Pg. 2322 J.3 look into the potential for a mooring field at Boca Chica Basin. November 2016 - Direction to hire Coastal Systems International to conduct a Detailed Feasibility Study for a mooring field at Boca Chica Basin. February 2020 - Direction to hire Coastal Systems International to pursue Conceptual Permit for Boca Chica Basin mooring field. January 2022 - Direction to pursue installing at least 100 new moorings within one mile of the City of Key West's Key West Bight City Dock and to partner with the City of Key West to accomplish this goal. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: DRAFT Mooring Field Consultant RFP DRAFT Mooring Field Consultant RFP (PDF Copy) FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: None REVIEWED BY: Michael Roberts Completed 12/23/2022 3:36 PM Emily Schemper Completed 12/29/2022 3:05 PM Packet Pg. 2323 J.3 Peter Morris Completed 01/03/2023 7:18 AM Purchasing Completed 01/03/2023 9:33 AM Budget and Finance Completed 01/03/2023 9:34 AM Brian Bradley Completed 01/03/2023 10:18 AM Lindsey Ballard Completed 01/03/2023 12:43 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 2324 J.3.a MONROE COUNTY REQUEST FOR PROPOSALS FOR Mooring Field Design and Permitti �� rvices in Monroe Count ��/ Y . CL CL Cr CL ( f -y1'wWrllNm l� l c ��ffffl� °000%ooi O OF COUNTY COMMISSI LD ONERS 0 Mayor Craig Cates, District 1 0 Mayor Pro Tem Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 < James K. Scholl, District 3 David Rice, District 4 E DEADLINE FOR PROPOSALS: MARCH XX, 2023 3:00 P.M. Packet Pg. 2325 J.3.a NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on WEEKDAY, March XX, 2023, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: as Mooring Field Design and Permitting Services in Monroe County E Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: as www.floridapublicnotices.com,a searchable Statewide repository for all publishe ��l notices. Requirements CL for submission and the selection criteria may be requested from De an r at ww.demandstar.com OR www.monroecounty-fl.gov/bids. The Public Record is available upo Monroe County Purchasing Department receives bids electronically.PIS- 'e do n� 'I or attempt to deliver � in person any sealed bids.Mailed/physically delivered bids/propo �sl nses be accepted. " V �ii /�� NIB ,,,, ,, ,,,,,,, ,,;� l�� g p Yonfidil to: ent al The MonrooeoCountyo tP lu Purchasing laer than 3 00 P M.o MMarch that 1023e Please submit�l a financial information in a SEPARATE EMAIL from your re ��4 documents. Y subject line c on both emails must read as follows: // Mooring Field Design and Permit " ces in Monroe! Jr`' RFQ 03/xx/2023 Files that do not contain this subject line WILL BE JEC se no that the maximum file size that CL will be accepted by email is 25MB. Please plan acco in 'to e � fat your bid is not rejected due to the file size. Should your bid exceed 25M� ' advance the bid opening,please email: omb- urchasin a)monroecount ov so �°mmodatious r delivery of your bid can be made prior to the � Cr bid opening. Please be a ° that it is �� bidder's sole esponsibility to ensure delivery of their bid and waiting until the bid opening t �%' ess o "onfirm your bill` 'mission delivery will result in your bid being rejected. U- The bid openi 'g � tion held virtually,via the internet, at 3:00 P.M., on March XX,2023. You may c by phone or°' �r�, t us �1/ a fllowing: of FlIc 0 ,T �n Zoom Meeting U ps://mcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 as '646518ne tap mobile: 9805,,509326156#US (New York) 0 16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) as E U Publication Dates: Key West Citizen: Keys Weekly: News Barometer: 2 Packet Pg. 2326 J.3.a TABLE OF CONTENTS SECTION 1: INSTRUCTION TO RESPONDENTS as 1.01 Project Description 1.02 Project Location U) 1.03 Project History 1.04 Scope of Work: Boca Chica Mooring Field 1.05 Scope of Work: Man of War Harbor Mooring Field L- as 1.06 Requests for Additional Information or Clarification 1.07 PROPOSAL SUBMISSION REQUIREMENTS 1.08 FORMAT OF RESPONSE �j// 1.09 Disqualification of Proposer 1.10 Examination of RFP Documents 1.11 Responses Preparation of Res 1� 1� O//////%iorroi» qs 1.12 Modification of Responses / ��j 1.13 Responsibility for Response ri 0° lG 1.14 Copies of Requests for Proposals Do 0 c 1.15 Receipt and Opening of Responses 1.16 Response Evaluation and Selection Process 1.17 Award of Contract 00% ��oo �� 0 1.18 Certificates of Insurance � , SECTION 2: DRAFT CONTRACT CL SECTION 3: COUNTY FCr SECTION 4: INSURA% QUI MENTS ''' �lllCL APPENDICES: 1. Mono �un g Fi ' idy (2014)by Coastal Systems International, Inc. �-iioICU 2. Mo E County Bo �� ° ca Mfg' FId Feasibility Study (2017)by Coastal Systems I �' nal Inc. � ��/ ��, 0 3. Boca JJJJJ� Mooring Fie ' onceP al Permit Documents (2020)by Coastal Systems U Internatid"� .nc. as 4. Monroe Co 19f,/" ey Wes ooring Field Preliminary Feasibility Study (2022)by Metric U- Engineering, In° 0 E 3 Packet Pg. 2327 J.3.a SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 PROJECT DESCRIPTION The Monroe County Marine Resources Office is seeking a consulting engineering firm with as experience in the planning, design and environmental permitting of managed mooring fields in Florida to permit two separate mooring fields in the Key West/ Stock Island area. Mooring fields provide a safe, managed alternative for the local liveaboard community as well as reducing the E negative impacts of crowded anchorages such as resource damage fr abandoned and derelict (D vessels and inappropriate round tackle as well as illegal discharge �as�� The consultant shall g � g g � complete the scope of services that may include marine biology, cture, surveying, structural engineering, geotechnical engineering, coastal engineering, a ivi neering. U) Ideally, the selected firm will manage two mooring fief ''' i''i`�in ro � one in Boca Chica � Basin, Stock Island and one in Man of War Harbor, Wes g p 1.02 PROJECT LOCATIONS � ��rfJr �� c C. 0 i. CL L- U) r�ip°gC"dhhl(,d, Cr 1 re+�yt tldgyr` CL g ' � g J Y Figure 1. Bf ��ca Basin ;Grin Field Location. Project area outlined in ellow. �f a 0 E U 4 Packet Pg. 2328 J.3.a lk p��I I I � U) (D r II (D uuum i r y E r� CL n � 2 U) uDi " U_r Y 0 egend 0w�t'a�u�witrvt�.vnw¢+�x ; �� .» ro 0 A0,1816-SELEL;IfEED UllIIIIIM Awp A oa a HEREEM ` Lrid, u._m,� . .¢. Figure 2. Man of War Harbor Mooring Fief on ro ect area hli lighted in yellow. g g ll� �� '� J j�� g Y c 1.03 PROJECT HIS TO spearlllli�, f (DMonroe County Boa f Coun , ommission (BOCC) and the Florida Fish and Wildlife : Conservation Comp ff (FW have long r ' ized that unmanaged anchorages with historically high number��,t es e waters unding Key West and Stock Island are 1/0, �� r� ,,, »," significant so and " ' „anco j j, ls. Monroe County has the greatest number of derelict v *.ab „r e a m which causes environmental damage, creates navigational hazard did costs tax over 009 a year. �n, FF Monroe has pursue tallin mooring field in the Boca Chica Basin for many years. In U 2014, Coas stems Int rational conducted a Feasibility Study to evaluate siting and 2 development o �� ew moo �g field (or fields) in the Florida Keys (Appendix 1). The Study U_ examined the exi�� dun aged anchorages at Jewfish Creek, Buttonwood Sound and Boca Chica Basin. FollowStudy, the BOCC directed staff to pursue permitting a mooring field at Buttonwood Sound I e highest-ranked location. However, permitting a mooring field at this site was abandoned iri 2014 after significant community resistance and difficulty in acquiring a shoreside access site arose. The BOCC directed staff to pursue permitting a mooring field in Boca Chica Basin instead. The County hired Coastal Systems International to conduct a Detailed Feasibility Study in 2016 (Appendix 2) and again in 2020 to pursue Conceptual Permitting for the Boca Chica mooring field(Appendix 3).Ultimately,the County was unable to continue permitting E a mooring field at that time due to the lack of a suitable location for shoreside access and facilities. However, significant work was completed for this project, including: mooring system design, mooring field and navigational channel design, environmental permit sketches, draft mooring field 5 Packet Pg. 2329 J.3.a management plan and draft sovereign submerged land lease drawings (Appendix 3). In early 2022, Monroe County acquired a 22,500 square foot property with approximately 150 feet of seawall on the west side of Boca Chica Basin along Maloney Avenue, Stock Island.Now that Monroe County U) owns a site to provide upland access and shoreside services,the County is ready to hire a consultant to pursue permits from Florida Department of Environmental Protection (DEP), United States Army Corps of Engineers (USAGE), and the Florida Keys National Marine Sanctuary (FKNMS) for a mooring field in Boca Chica Basin. E In July 2021, Senate Bill 1086/327.4108(3)(a) F.S. designated Monro ounty as an "anchoring limitation area" as a means of addressing long-term anchoring iss eaters throughout the Florida Keys. This legislation included a requirement that 250 ne lic mooring balls be placed within one mile of the Key West Bight City Dock and 50 additi ings be placed within the existing Key West Garrison Bight Mooring Field, to ensur i, at an�/' ��`'" ative for the existing liveaboard community in this area was available prior fomenting -day time limit for vessels anchored in waters throughout the Florida Ke In November 2021,data collected by staff of the �� ey We - onroe Count ( the Florida 0 Fish and Wildlife Conservation Commission found tha 1 c pied liveabo d vessels were c anchored in the vicinity of the Key West Bight City Dock." remaining vessels were either being �� rmined that 300 new moorings U) stored and/or already in derelict conditi°'r, Therefore, it wa --„,»,, would exceed the needs of the existing �lp��„ gd communi his area. In addition it was U) determined that installing 300 new moon ' feasible sufficient suitable space. C This would create significant state ; fede '' .reg � �r rdles,�ely resulting in the inability L_ CL to implement the 90-day anchoring time limit"''��. s su��'�is (House Bill 1065/Senate Bill 0 1432/327.4108(3)(a)F. ` I Y, , roved durin� e 2022 set bn of the Florida Legislature which /� 1, as amended the number 'quire moorings 300 to«at least 100 to ensure the successful Cr implementation of �� ay anc ing time limr''.J The BOCC apill ed Reso ��'°" l � � ,� � January 21 st meeting directing staff to begin l/Yl a o�„ the necess ;/� � rd a 1�, ng an�' Biting the implementation of at least 100 new moorin 'and to p /ia� ith t°t �ity of Key West to accomplish this goal and associated mana it of this locate onro`" '�,pity hired Metric Engineering in early 2022 to complete a Feasib tudy to ac ui I elimi , site-specific data to assist in evaluating and determining c the best lo �' for the req d 100 moorings. Metric Engineering also conducted a shoreside � facility analyse e Key W Bight Marina,the intended shoreside access and service location. as lJ , Metric Engineen / ��sente the results of their study at the September 2022 BOCC meeting. The BOCC directed s rsue permitting a mooring field in the highest-ranked location surrounding Wisteria .� d in Man of War Harbor. 0 1.04 SCOPE OF WORK: BOCA CHICA MOORING FIELD Task 1 —Permitting-level surveys/mapping Note: permitting-level hydrographic surveys for the proposed Boca Chica mooring field site have been completed and will be provided to the selected respondent(s). 6 Packet Pg. 2330 J.3.a a. Conduct a benthic resource survey of the location east of Stock Island as indicated in Figure I ("Project Area") in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. U) Deliverables: Benthic resource survey in PDP, GIS and AutoCAD formats for future use as by the County. b. Conduct a marine debris and derelict vessel survey of the Project Area for use as E potential mitigation information for State and Federal agencies th jurisdiction on the project. � Deliverables: Marine debris and derelict vessel curve M nd GISformats for future use by the County. Task 2—Engineering/Design Work / ,;;,;;;/ Note: permitting-level mooring field drawings for site have been complete`' wl be provided to the selected respondent(s). a. Prepare conceptual layout of shoreside and uplan „ort facilities located at currently i undeveloped waterfront County� erty including: �'�' g, restrooms, shower facilities, U) dockmaster office, dinghy dockag ,� umpout vesse �� agF CL C /�I ora Deliverables: Conceptual layout dr ,;�� angs � %o ide an. P land support facilities f with su acient detail o j) o�� attang in PDF, CAD, and GIS for %� f'r uture use by County. qI Cr b. Prepare pro inion h onstruction U. t e ,timate for mooring field support as iiii JJJJ��1�Illllrc facilities. � ��j///// f //// CL Del' »ll�ll i , o�ffnstru � cost esta for upland support facilities. Tas ooring field geme'��V all Note. A MFMP fort �`to has ? en completed and will be provided to the selected 0 respondent a„ � U / LD ld M Bement Plan (MFMP) for submission to DEP. The MFMP will Moori Prepare a ri" include all informat, red by DEP. The consultant will submit a draft MFMP to the County for review and comme nor to submission to DEP. Deliverables: Mooring field management plan. Task 4—Environmental Permitting as E a. Schedule and conduct pre-application meetings with agencies with jurisdiction including: 0 Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife Division of Law Enforcement Boating and Waterways Section (FWC), Florida Keys 7 Packet Pg. 2331 J.3.a National Marine Sanctuary (FKNMS), United States Army Corps of Engineers (USAGE) and United States Coast Guard(USCG). Determine if additional permitting-level surveys/mapping will be required. U) Deliverables: Summary memo of each pre-application meeting including any agency as comments. b. Update permit drawings as necessary following pre-application meetings. E CL as Deliverables: Updated permit drawings as necessary. c. Prepare and submit environmental permit applications SACE and FKNMS. Deliverables: Copy of submitted permit applicat' in'��,,DF for d. Prepare and submit Sovereignty Submerge leasen,,,SSL)request t Division of State Lands. AX/M. 0 0 Deliverables: Copy of suhmittecI SSL application A°' format. e. Prepare and submit Uniform Wate % ker Applicatt �, VC and Private Aids to U) CL Navigation Application to US Coasti/4uarf�f��/ !f 4- Deliverables: Co /r�„ fitted permaIrplacation, PDF format. a� Cr f. Conduct Red r Addis al InformatiNy0000 (RAI) cycle and expedite permitting process /11 on behalf of the CL oo io, D - �a � /////��i/ ely r use by consultant to agency RAI. 1.05 PE OF WO N �AR HARBOR MOORING FIELD U) 0 to f Task 1 —Pe'% ,,,,,,, I/ling-level s' keys/mapping ,J U_ ct a gr c. Condua c survey of the two locations east and west of Wisteria Island indicated in ��,� 1�' ("Project Area") in accordance with permitting guidelines of State 0 and Federal ag cies with jurisdiction on the project. Deliverables: Survey drawing signed and sealed by a Florida Professional Surveyor and Mapper in PDF, GIS and AutoCAD formats for future use by the County. d. Conduct a benthic resource survey of the Project Area in accordance with permitting E guidelines of State and Federal agencies with jurisdiction on the project. 8 Packet Pg. 2332 J.3.a Deliverables: Benthic resource survey in PDF, GIS and AutoCAD formats for future use by the County. as e. Conduct a marine debris and derelict vessel survey of the Project Area for use as potential mitigation information for State and Federal agencies with jurisdiction on the proj ect. Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for E future use by the County. as CL f. Complete submerged lands lease (SSL) drawings for Proj rea as required by the DEP / i Division of State Lands. Deliverables: SSL permit drawings in PDF, CAD GIS Ao s for future use by ry %�//G the County. as // Task 2 — Design Engineering/ n Work g � i�i�i�i�i�i�i�i„ r� 0 a. Prepare a layout of a 100-vessel mooring field bas programming provided by County, vessels currently anchot n the Project Arl"r' ' beld data collected in Task 1. U) Optimize mooring field layout to �� ' e vessel moo ens ty with swing circles, 0 fairways, and access areas from nata �o ' rways. Pre �� ncepts for various 0 � r� f combinations of vessels within the c ° Strain °� � el dra,,�"and length. Design shall include survey information mooring d utses,proposed submerged lands 0 �ti la l!/l�i� area, mooring anc f information, bounP �marker or coordinates/limits and mooring field ' roach ss/egress) C�` nnels and�markers. Consult with County to � Cr determine f� , �` ut of ring field. as CL �,,, i�� Deliver s: Moo -„ ✓�; F, CAD, and GISformats for future use by U_ l//lall��iillllllllDlll///�, c�u �,� b ��izmg the fina ut of t rfring field (Task 2a), calculate the geometry for I ual mooring °'ems, i uding the helical anchor, down-line, sub-surface buoy, 0 mo «" i„ buoys and p ant will be designed accordingly. Anchoring calculations will be comp r,, valuatin 'e process loads based on vessel size, wind, water depths and U_ ��currents. �r ICJ 0 Deliverables (t p e signed/sealed as applicable): Mooring system design drawings in 0 DF and CAD formats (as applicable). U_ Task 3 —Mooring field management plan Prepare a MFMP for submission to DEP. The MFMP will include all information required by E DEP. The MFMP will include coordination with the City of Key West for the use of their shoreside and upland facilities including (but not limited to): dinghy dockage,pumpout vessel 9 Packet Pg. 2333 J.3.a dockage,pumpout facility, trash receptacles/recycling, etc. The consultant will submit a draft MFMP to the County for review and comment prior to submission to DEP. as Deliverables: Mooring field management plan. as Task 4—Environmental Permitting g. Schedule and conduct pre-application meetings with agencies with jurisdiction including: E DEP, FWC, FKNMS, USACE and USCG. CL Deliverables: Summary memo of each pre-application m � including any agency comments. h. Update permit drawings as necessary following ation m 1 s. Jill„a, %/�� Deliverables: Updated permit drawings a, e scary. �� i. Prepare and submit environmental ermit a l � ' s +' USACE are FKNMS. � Deliverables: Copy of suhmitte&gv,,-- rmit application,", format. U) /f fl�oa�,O, j. Prepare and submit SSL request to � ! n of State . CL llll / L Deliverables: Copy, bmitted SSL tion i ii format. k. Prepare and it Unifo ��Waterway 1Vl ker Application to FWC and Private Aids to / Cr Navi anon" on to �' ' Coast Guard., ��r�l0/11 g p �Illl CL Deli � opy o „� itte ppplications in PDF format. 1. nduct Reque� rP' ddit�� formation (RAI) cycle and expedite permitting process � / �ti�,', a1f of the Co� � � ,. III Z Delive Timely �sponse by consultant to agency RAI. U_ 1.05 REQUIRE The qualified firm(s)will offer qualifications and demonstrated experience in planning, designing, and permitting managed mooring fields of similar size and scope in Florida. The firm(s)will have relevant experience in marine resource mapping in the Florida Keys with qualified biologists, as well as hydrographic (bathymetric) surveys. The firm(s)will have a Florida-licensed Professional Engineer with experience in planning and designing managed mooring fields and shoreside/upland E services. The firm(s) will work collectively with the Marine Resources Office and other representatives of County departments to complete the scope of work. 10 Packet Pg. 2334 J.3.a 1.06 REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing via email to: Burtner-Brittany(-7MonroeCounty- FL.gov. Include the RFP number,page, and paragraph number for each question. All requests for additional information must be received no later than 3:00 PM,March XX,2023. Any requests received after that date and time will not be answered. If an answer is issued, an E addendum to the RFP will be issued shortly thereafter and distributed all interested proposers, as s� CL responding with the County's best ability to answer all questions. 1.requests will not be answered. All addenda are a part of the contract documents and each Pro er wil �r and by such addenda, whether or not received by him/her. It is the res onsibil' rop o verify that he/she has received all addenda issued before responses are ed.'"'°° 1.07 PROPOSAL SUBMISSION REQUIR ///O/iioolir»,,, 0 A. Delivery of Proposals All proposals must be delivered by 3: ST on DATE TBD(" id Opening")and in accordance with the Notice of Competitive� � '" �� wn CL BOCC WILL NOT accept any proposals r lv � � and time shown above, or delivered to a location other than =SIDS -r fl ecoun . ov. "0 lll� Re uirements fo ' missio r, Pro osals i ResDonse to This RFP: Cr C i. An electronic co it he rl sal must be ched to an e-mail and sent by the ° LL deadline stated abov � address: OMB-BIDS&monroecount - CL 99/9//pa ii. ny confide anci e su mitted submit them in a separate email from the of the propos U) iii. Pl� O NOT ma i atte t to mail or deliver in person any hard copy sealed bids to or r Is. Mailed/ *vered bids/proposals/responses will not be considered. p / /%i„ AD iv. The subj �� /e on '-mails must read as follows: Mooring Field Design and Permit tin i n Monroe County RFP 03/xx/2023. Any emails that do not contain thg w° g in the subject line will be rejected. c c v. The maximu ile size that will be accepted by e-mail is 25 MB. Should your proposal documents exceed 25 MB,please e-mail: OMB-PURCHASING&monroecount - U_ fl.gov for instructions. vi. Proposals will be opened publicly in a manner to avoid public disclosure of contents; only names of the Proposers will be read aloud. E vii. BOCC's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No 11 Packet Pg. 2335 J.3.a responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. viii. Unless by specific invitation, evaluation committee members, BOCC elected officials and County staff(except the Purchasing Staff Contact and the person listed to respond ?_ to questions in this RFP) are not to be contacted prior to the BOCC's decision to � approve or reject the recommendation presented to it by the evaluation committee. Failure to comply with this requirement may be grounds for disqualification. Specifically, this NO-CONTACT PERIOD shall commence on the E initial date of posting of the Request for Proposals and continu� sough and include the date the BOCC makes its determination to approve or re r the trial recommendations. ix. Proposers and an members of the public may call in- hori`` ��, i nternet to attend the p y p y � p /�; ��bid opening. Information regarding the Zoom roo� a '"��ill be a Aor the bid J opening is contained in the Notice of Competit oeitation, at thu '` t of this as RFP. / U_ �o x. A subsequent addendum will be publish e'"or ands !„ and wilt cover ormation regarding the Selection Committee Meeting and � tte�iIf,°d that meetm virtually. B. Governing Laws and Regulations � The Proposer is required to be familiar be responsibp complying with all 0 /ll/ �/ - federal, state, and local laws, ordinances le , ,� ulations t in any manner affect c the work, RFP, and/or the scope of service;° by i f �p such laws, including but 0. not limited to occupati dense require and obt g such licenses, are the 4- responsibility of the p �� Cr C. Projected Tim"' im taJJ// � rcfr` The followin rojecte"�ll �d as a working guide for planningCL purpos � °°��"' rves � hta� / is timetable as required during the course of the procesl ��J////� j� FIX Date RF ed � MONTH DAY, 2023 U �,Deady submittal questions MONTH DAY, 2023 by 3:00 PM suance Addenda MONTH DAY 2023 by 3:00 PM Deadline" , �� Proposals D�� MONTH DAY, 2023 by 3:00 PM .� 0 D. All submissions m st remain valid for a period of one hundred and twenty (120)days from the date of the deadline for submission indicated above. The Board will automatically reject the U_ response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). The Board reserves the right to reject any or all responses,to waive informalities in the responses and to re-advertise for qualifications. The Board also reserves the right to separately accept or reject any item or items of a response and to award and/or negotiate a contract in the best interest of the County. 12 Packet Pg. 2336 J.3.a E. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions U) not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. 1.08 FORMAT OF RESPONSE E L- as CL The response, at a minimum, shall include the following: i�0��Ro A. Tabbed Sections ,U) Tab 1. Cover Letter and Executive Summary � Z The cover letter shall contain the Propose ' m e address, telephon b x, and the name of the Proposer's contact person(s). � �� introd the company i ing a brief 0 c overview of the firm's history, the corporate �e i°Ps and telep ne number of 0 corporate headquarters and the local office, nu`�� of years in business, names of principals and number of employ . �� Indicate the State in which Propos i orated or o fled. If other than Florida CL 0 include evidence of authorization t ////Q o bu Flora, Include a reproduction of CL Corporate Charter Re istration if aPP Y' j ,% 1a/b ////// Identify the p ary pe �� responsible%//,1or this proposal. Briefly state the Proposer's Cr understands e wore�` be done anc��J� a e a positive commitment to perform and as complete the se Thi eri must be A f ed by an individual authorized to bind the ///f r / firm. Fai e to mee - � �!% esult in disqualification. U- ,narrative of the firm's qualifications and capabilities that Proposer ��j»�i rove , onstrates ho �i" firmI rk with the County to fulfill the requirements of this U) Tab 2 evant Ex fence The Propose l ovide a project history of the firm or organization demonstrating experience wit =vices that are similar in scope and size to the requested services. 0 The Proposer all provide a list of past projects indicating the following: • Name and full address of the referenced project client • Name and telephone number of client contact for referenced project • Date of initiation and completion of contract E • Summary of the project and services U 13 Packet Pg. 2337 J.3.a Identify members of the project team and their anticipated roles for this project and provide a summary of their previous experience. Include staff, as well as sub-consultants that will have key roles in the team organization chart. Provide concise, yet detailed, resumes for U) key team members. Provide information regarding areas of specialization, and any other pertinent information in such a way to reasonably evaluate the firm's stability, strengths, and experience level. Make a statement of commitment that the team will remain committed to the project until completion. E Tab 3. Quality of Past Performance on Similar Projects as CL In this section, Proposer shall include at least two letters erence from a former client referenced in Tab 2 which describes the services perf e j O the client's satisfaction with the services provided. Letters of reference are pr A ed h er if the client desires as to include firm surveys completed by clients the ,consid �I�ietters of reference _� � /// //////////// from a government(public entity) client are pr ' rred. Z Reference information must describe the �, and in ,ode project bud 3 � rovide also the name, address, position, e-mail addresj p ��,ne number 0 f the project coordinator. A reference contact person must be s "ne who has personal knowledge of p p p q fisted. The contact person must U) the Pro poser's s performance for specific require �'�,,,,, have been informed that they are that the County may check lljj0//00j C references. ��/////�/i 0 CL Tab 4. Project Approach L_ Describe the fi j capa � � es and appr h toward this Project, including your proposed Cr work progr o dule, fQC procedur ' ,an any other activities that will be necessary as to complete the s of 1011 If), Inc 111��,r �' d ac ��/�' �schedu e any innovative methods or concepts that might articularly' ��' I to ' push this Project. /Ffl& i e a statement- ckno dgement that the consultant understands this Project and 0 its s of work andil'als. as Tab 5. 4111 cati and Accomplishments of Consultant, Sub consultants, and Project Mai ff 0 The Proposer all describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. If the Proposer is anything other than an individual or sole proprietorship, the Proposer as E shall include a list of the proposed staff that will perform the work required and identify all sub-Consultants that will be used,if awarded this contract. The Proposer shall also describe 14 Packet Pg. 2338 J.3.a the qualifications for each employee on the project team and identify his/her role on the team. Tab 6. Other Information g as a) Local Familiarity: Describe your firm's familiarity with vessel anchoring issues in Monroe County and the nearshore benthic communities found in the Florida Keys. E b)Provide a description of your firm's understanding of the re sted Scope of Work. as c)Describe the firm's relevant completed projects for clie n the United States, Florida, Gig,,, in the Southeast region of the United States and for s .11111ocal government clients, particularly in Monroe County. � �(y, d) Describe any additional value added ben Sy i r firm/ orga ll �V11111, on can offer the as Coun of Monroe Countyscope enumerated the sco e of work sub l req responses or evaluation criteria. P uirement res ff/ / %�� c e) Proposer shall provide any additional project e �ence that will give an indication of the Proposer's overall abilities. 11//////lllllllDllllli ��,,, f) If the Proposer will require any ation from «<--lob unty not included in this 0 Request for Proposal or require j m � �� ty any Formation in a particular CL computerized format in order to carry t t co ices in Exhibit A the Proposer shall also include est in this s , n i.e. Tad%� � g)If the Pro annot f comply with y of the terms contained in the draft contract, aCr s shown in Sectio all viations to th�'��ms must be spelled out in this section, i.e. Tab 6. .....%// //////////////////////////////////// i U- ��///llllllllllll��1/llllllllllllllllllllll/////� �a, 7. Probe !1 Local Preference Are e in this secti e loc", n of the main office, the location of the office proposed c to �00 ' n this proje q nd a discussion of the following as it pertains to your proposal U The ev� 'on criteri includes evaluation points which recognize a preference for "local LD businesses ' ludin c`ut not limited to, response time, experience in complying with or CD applying loc" bons, local references, employment of local residents, and familiarity with the local " et. A local preference may be assigned as follows: 0 J Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. as E Any proposer claiming a local preference as defined in Monroe County Ordinance cs 023-2009 must complete the Local Preference Form and attach to the Proposal. 15 Packet Pg. 2339 J.3.a Tab 8. Cost Proposal and Project Schedule Provide a lump sum price for each task listed in Section 1, inclusive of reimbursable expenses. The Proposer shall set forth a schedule for project completion which includes a work plan and scope of work, clearly identifying the tasks to be completed, the amount of time to complete, and approach to work. The work plan should also include any necessary meetings with employees, commissioners, and the public. The Quote Sheet shall include a total, which shall be an all-inclusive fee to be paid to the proposer. E as 0. All costs to be paid to the Proposer shall be included. No a �� costs or fees will be � paid, including but not limited to travel costs, per die lephone charges, facsimile charges and postage charges. In addition to the quote '°` or the Scope of Services /9 U) outlined in this RFP, the Proposer may choose to sug . �t ad di services and submit a quote for those services. Such additional services -�� e plain e e Quote Sheet. The County may or may not choose to hire the Pro efoi°"'the additionarr ices. as OF CD Tab 9. Litigation ]/////»i"',, In accordance with Section 2-347(h) of the MdW )unty Code, please provide the following information: j�� (1) A list of the person's ore Shareholders wf ve ) percent or more of the stock or, if a general partnership i general pa ; or, if a limited liability CL company, a list of its members; or, i ��soIeI�D j rope rship,names(s) of owner(s); CL (2) A list of the officers and direct o/ (3) The numb � s the person entity hash -en operating and if different the number of yea has b roviding th j� ervices, goods, or construction services called Cr for in the bi ication nclude a list ° Si ilar projects); (4) The num ��b, yea, r �� has operated under its present name and U. any prlo mes 1,11"'////%r ///////////////// � W (5) Qi �'°" o thewmg que� s regarding claims and suits: 6� a. �he perso . ipals 'ty, or any entity previously owned operated or directed by of its officers r sha' d, s or directors, ever failed to complete work or provide "� U) t F �ods for which- as con cted? If yes,provide details; c b. Are any judgm s, claims, arbitration proceeding or suits pending or outstanding aga �j„person, cipal of the entity, or entity, or any entity previously owned, LD operated �%� ected any of its officers, directors, or general partners? If yes, provide CD details; c. Has the person mcipal of the entity, entity, or any entity previously owned, operated or 0 directed by an of its officers,major shareholders or directors,within the last five(5)years, been a parry to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes,provide details; d. Has the person,principal of the entity, or any entity previously owned, operated or directed as E by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes,provide details; 16 Packet Pg. 2340 J.3.a e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner,principal, controlling shareholder or major creditor of any other entity that U) failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references (minimum of three), including name, current address and current o telephone number; g. Credit References (minimum of three), including name, current address and current E telephone number; and 0. h. Financial statements for the prior three years for the respond or for any entity that is a subsidiary to the responding entity. �qj// Tab 10. County Forms �O/oorroio�� , Proposer shall complete and execute the forms eci�fied below and d in Section 3 �LD f ' ne s in this RFP as well as copies of all busi licenses„and receipts o tax and pCD rro 7 shall include them in this section: Forms i%//j/9j999irrrrrrr»,,, 0 0000io �� /,;;;�. • Submission Response Form • Lobbying and ict of Interest E° ��C lause • Non-Collusion A OF/rr „ 0 • Drug Free Work p e� a • Public Entity Crim 1/ tateill �,,,,, 16- < « cL • Vendor Certification keg °ng f„ed Companies List 1.09 DISQUALIF IO � .PROPOS ' Cr Failure to complete all a en luding but n imited to the immediately below-specified l/ram • / CL forms, in every ail and sip sponse may result in immediate dis ualific I ftft/v /es p o ��/// A /l� BBYING AN NFLT'..r„/ r INTEREST CLAUSE: Any person submitting a pT'� al in respons ,this ink tion must execute the enclosed Lobbying and Conflict 0 of t Clause an 'bmit it with his/her proposal. Failure to complete this form in to every and subml t with the proposal may result in immediate disqualification of the propo16- B. NON-COLLU AFFIDAVIT: Any person submitting a proposal in response to this 0 invitation mus execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such U_ collusion shall be rejected,and no participants in such collusion will be considered in future bids for the same work. as E C. DRUG-FREE WORKPLACE FORM: Any person submitting a proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit 17 Packet Pg. 2341 J.3.a it with his/her proposal. Failure to complete this form in every detail and submit it the proposal may result in immediate disqualification of the proposal. as D. PUBLIC ENTITY CRIME: Any person submitting a proposal in response to this invitation must execute the enclosed Public Entity Crime Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not, inter alia, submit a proposal on a contract to provide any goods or services to a public entity. E CL as E. VENDOR CERTIFICATION REGARDING SCRUTINIZE ZANIES LIST: Any 0 person submitting a bid or proposal in response to this co itive solicitation must execute the enclosed VENDOR CERTIFICATION RE �,' `� ��G SCRUTINIZED COMPANIES LISTS and submit it with the bid or p sal. r. to complete this o, i, /r� form in every detail and submit it with the bid or ; t os�� may re the immediate � disqualification of the bid or proposal. °�" °- Ar I��///// 1.10 EXAMINATION OF RFP DOCUMEN' f' A. Each Respondent shall carefully examine they st for Proposals (RFP) and other contract documents and inform hi, elf/herself thoro regarding any and all conditions and requirements that may in any affect cost pr or performance of the work to be performed under the contract. n n thePart 1 °' Proposer will in no way0.C relieve him/her of the obli ations a res �'' ' 'ties as, 'med under the contract. L- CLL B. Should a Respo �� discrepant . or ambi sties in or omissions from the 0 specifications �`shoul e in doubt to their meaning, he shall at once notify the Cr as County. TCL I 1.11 PREPAt/ TIONf % ; ° / llllllllllllllllll////////��„ Signatu ; f the Prop he must sign the response forms in the space provided for the s' re. If the Prop` is an ual, the words doing business as or Sole Owner" appear benea )� ch sig ture. In the case of a partnership, the signature of at least 0 one of the'��0'° ers must fol the firm name and the words "Member of the Firm" should be written be neat° � h signatu ff the Proposer is a corporation, the title of the officer signing the Response on beh the c ,� `oration must be stated along with the Corporation Seal Stamp and evidence of his auth '' ' sign the Response must be submitted. The Proposer shall state in the response the name an N dress of each person having an interest in the submitting entity. 0 1.12 MODIFICATION OF RESPONSES A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals. as E 1.13 RESPONSIBILITY FOR RESPONSE 18 Packet Pg. 2342 J.3.a The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. U) 1.14 COPIES OF REQUEST FOR PROPOSALS DOCUMENTS a� as A. Only complete sets of Request for Proposals documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. E B. Complete sets of Request for Proposals documents may be obt ' ed in the manner and at the locations stated in the Notice of Request for Proposals. 1.15 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time an y b' ,pubIicl r ed and announced ii at the appointed time and place stated in the Notice eque't for Propos�' D onroe County's representative authorized to open the responses w' ecide w4en the specifie e Oas arrived m and no responses received thereafter will be co �a��, Nof, onsibility wil / attached to anyone for the premature opening of a response 1 , �'e addressed nd identified. 2 Respondents or their authorized agents are invited to be p t. 1.16 RESPONSE EVALUATION Aj ECTION PIS° � 0 / r,,. rf A selection committee will be charged with e rev �evalua on of the submissions, using, g g in part the below criteria the committee will k e e in a public meeting subsequent 0 to the date of opening. P hall be resp ible for w hing for the announcement of the public meeting on the r 'nty's ite. Cr The BOCC reserves the ' 11 to r any or allonses, to waive informalities in any or all CL Responses to r ' due the � � �� nd to separately accept or reject any item or U- items and s 1 ��" r neg �' a co 1 r�9�he best interest of the County. Maximum Criteria Points 1 Letter and Ex ive S mary 5 to 2 vant Ex e ce 20 2 3 of Pas performance on Similar Projects 20 U- 4 P�oce��P� pr ,� �Ch—Including proposed schedule and QA/QC 20 CD c 5 Qualific ons of Consultant, Sub consultants, and project 15 c mana e , 6 Other: Professional familiarity with the biota of the Florida Keys 10 < 7 Local Preference 10 8 Cost 20 9 Litigation 0 a 10 County Forms 0 E TOTAL Points 120 19 Packet Pg. 2343 J.3.a 1.17 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services and to waive any U) informality in any response, or to re-advertise for all or part of the work contemplated. as B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. E C. If the award of a contract is annulled, the County may awa the contract to another Respondent or the work may be re-advertised or may be qd by other qualified personnel as the County decides. �i U) D. A contract will be awarded to the Respondent(s) dee r to pro � the services which are as in the best interest of the County, considering p ' u Jficatiori� a frame, and other factors deemed relevant. °° ""° ///////� °b o � E. The recommendation of staff shall be pr o the rd of County missions of Monroe County, Florida for final selection an d ,: co tract. c 1.18 CERTIFICATES OF INSU ",/E �� U) p p � The Proposer will be responsible for all nec ance cover ndicated in Section Four. CL Certificates of Insurance must be provided k4onllty prio,� approval of Contract, with LMonroe Coun BOCC listed as additional) su % ' Vince coverage (except Workers Compensation). ///� 4- ///////////////// Cr The Consultant shah,r d, ro rde fy, and hold rm�ess the County as outlined on the attached as �Jllllic ( r form in Section ThreeCL -01 I!��//o °000ooi l fry;,, »lll CD LD U 20 Packet Pg. 2344 J.3.a SECTION TWO: SAMPLE CONTRACT AGREEMENT FOR CONSULTING SERVICES FOR MOORING FIELD DESIGN AND PERMITTNG SERVICES IN MONROE COUNTY as This Contract is made and entered into this day of by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas E Highway, Marathon, Florida, 33050, and ("CO SULTANT"), whose address is Section 1. Representations and Warranties and Term of Co Qir� l.l The CONSULTANT shall secure, maintain, and pay �j n�i,,and all�" des, certifications, or other authorizations necessary to act as CONS U ��for the COLf �' until the CONSULTANTS duties hereunder have been 'sfied. By signature here' e CONSULTANT warrants that it is authorize' to eng' e in the perfor`` of the activities herein described, subject to the terms an diti ,t forth in this,,�greement 0 and its attached exhibits. Proof of such licenses and a als shall be submitted to the COUNTY upon request. The CONS , TA NT has, and � aintain throughout the term of this Contract, all appropriate licensesla cations, or oth 1,1111 � rovals or authorizations required to conduct its business and h "" sents that it >all times conduct its 0. business activities hereunder in a reputa , maCL �� c 1.2 The CONSULTANT "' are all docu ation req' ed by this Contract in such a "0 manner that it/they be te, coordin d, and adequate for use in verifying work completed and a ted cost , d shall be in/ Onformity and comply with all applicable C law(s), codes, and r� dons. e CONSULT warrants that the documents prepared as �f �r��, part of this Contract wi of ent to document costs in a manner that meets U- the CO sfacti/�� erefore � ating any additional cost due to missing or inco /info �% 1.3 e^ SULTANT a es ful sponsibility to the extent allowed by law with regard to its per ice and with and t those directly under its employ or authority. LD 1.4 The CONS T'S t s shall be performed as expeditiously as is consistent with the professional ski� �` and the orderly progress of tasks assigned by the COUNTY. In performing the wo�'� equired under this Contract, the CONSULTANT shall abide by all 0 statutes, ordinanc ;rules, and regulations pertaining to, or regulating the provisions, of such 2 tasks and activities, including those now in effect and hereafter adopted. Any violation of U- 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. a E 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, 21 Packet Pg. 2345 J.3.a 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 U) to the services to be provided. as 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 E under this Contract or with the provision of services under this Con ct. / ooa,,,r,»„ 1.7 The effective date of this Contract shall be the last dayon wh' t is signed b both of the g Y parties. y 1.8 Term of Contract. The term of the Contract shall be '�,(2) eat mencing on this n Contracts legal effective date and ending two ye�® teriat date (up tincluding the LD last date of such period, unless such day is a Sa ay, Sunday, or legal ho ' m hick case the last legally effective day of the Con t �°I be th ext day which i� a 0 Saturday, Sunday, or legal holiday). ��D%� 0 1.9 Correction of Errors, Omissions, I ciencies. The C I LTANT shall, without U) additional compensation promptly co ��" errors orris de iceencies or conflicts in f the work product of the CONSULTA � 11011 � Section 2. SCOPE OF SERVICES. The CAS U A Ifill 'o perform and carry out in a rofessional and proper "�"" ain duties a escribed i e Sco a of Services -Exhibit A 4- professional P P �� 1 P -which is attached hee and in ' part of thi ontract as if fully stated herein. Cr as Section 3. TIME OF C LE The service to be rendered by the CONSULTANT CL shall be comme d upon t �� /�° ' five date and shall be completed in accordanc �� le di by the TY's Marine Resources Office to CONS ANT. ////�G Section UNTY'S R NSI JTIES 0 4.1 The CO 't'S Contrac anager shall be the Monroe County Marine Resources Office as Senior Admi��i� ' for w has authority to (1)act on the COUNTY'S behalf on all matters concerning the l�TANT'S work-product contemplated by this Contract, and(Q to administer this Co ct and monitor compliance with all terms and conditions stated herein. 0 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 as E contemplated herein. 22 Packet Pg. 2346 J.3.a 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 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 E Commissioners and the approval of the Board members at the time Contract initiation. 5.2 Compensation. The maximum compensation available to CO ' LTANT under this Agreement is based on the tasks detailed in the Scope of S c' ��e COUNTY agrees to pay CONSULTANT based on completion of work withi e Sco ��''�' ervices according to i„ P» lrrf the deliverables detailed in the Scope of Services. Co ;�ns ii"hon sha aid by specific � assignment/engagement completed which both fal nder uthorized T U` through on Exhibit "A" and is/are deemed satisfactory the Congact Manager. A' di onal CD `iii,, r- services included in Tasks through on "A" m be authorized �e Board of r County Commissioners. The total not-to-exceed c r 0 i is�f ing the servio contained in 0 Tasks 1 through 7 is $ �� /////////� 0 Section 6. PAYMENT TO CONSULT " ��////// r, ll �ll oJf „ " 6.1 Payment will be made according to the L al t Pro t Payment Act. Any request for payment must be in a form satisfacto �/ t o r�� lnty Clerk of Court("Clerk"). 0 , Acceptability to the "`!rl ed on genera accepted °counting principles and such laws, rules and re tions .Y govern th � lerk's disbursal of funds. The request must � Cr describe m deta' rvices ormed, the p�' m ,nt amount requested, and supporting ��, documentation incluof cop' receipts fro e transfer station. CONSULTANT must submit to th OUNT� or f will review the request. The Contract U- �frlr 1 19rr (jrr,�,, i" , Mana � II ' ` s/heroval equest and forward it to the Clerk for payment. If req 'for paymel �1 of ap !� d the Contract Manager must inform CONSULTANT in that must inc n expp ri of the deficiency that caused the disapproval of the i U) requ rJ h 0 of 6.2 CONSUL11 shall su it, by U.S. Postal Service certified mail, or as otherwise agreed as upon in writi � rr� the C a TY Contract Manager, when a lump sum task has been t completed, an in 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 as E 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 23 Packet Pg. 2347 J.3.a 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. as Section 7. INSURANCE. 7.1 The CONSULTANT shall obtain insurance and maintain the required insurance at all times E that this Contract is in effect. In the event the completion of authori work is delayed or 0. suspended as a result of the CONSULTANT'S failure to purcha ntain the required insurance, the CONSULTANT shall indemnifythe COUNTY an and all increased y expenses resulting from such delay. � ,,,,,/ � 7.2 Failure to maintain coverage shall be considered a v lJa�gn for th � ��UNTY to terminate this Contract. � °' ///o,,, iil�,, 7.3 The COUNTY at its sole option has the rig fffffffffff �� est a died copy of a all insurance policies required by this Contract. ��ii �� 0 7.4 Delays in the commencement or co tion of work r from the failure of the CONSULTANT to provide satisfacto nce of the ins e re uired under this Contract, shall not extend deadlines sp s Contract /ad any penalties and/or C. failure to perform assessments shall be i��ose work `nmenced on the specified date and time. 11// / " 0 7.5 The acceptance an ��r appro � f the CON TANT S insurance shall not be construed as relievingthe C TANT �'m any liabih Cr or bligation assumed under this Contract or as imposed by laws �//�////////////��/ �� f��lllllrcf i CL IN It ON) 7.6 The M ,r Board j� ounty ssioners shall be named as Additional Insured and Loss Pa�9 11 of ONSULTANT S insurance policies to satisfy this C ct's requireme xcept r rkers' Compensation. 7.7 All ins�' i° policies mill pecify that they are not subject to cancellation, non-renewal, U lr„ material c � or reduc 'n in coverage unless a minimum thirty (30) days prior as notification i n to t ICOUNTY by the insurer. CD C 7.8 General Liability"� urance. As a prerequisite of the work governed, the CONSULTANT 0 shall obtain, at its Ole 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 as E subcontractors' liability policies. Upon request of the COUNTY, the CONSULTANT shall 0 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 24 Packet Pg. 2348 J.3.a 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 U) 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 co 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 E COUNTY and shall be in a form acceptable to the COUNTY. Prior the commencement of rrr work governed by this Contract, the CONSULTANT shall obtai #mtain General � Liability insurance. Coverage shall be continuously maintain d include, at a minimum: Insurance Requirement Required Limi General Liability $300,00 ombir ed le i Sin Lre Z g �� Vehicle Liability/ 0 0 ■ $200,000 e ■ $300'000 pe rrence $200,000 pro pe" mage � Professional Liability ///////// /%"r c l O � 0` ■ OO U �� " ccurre e ■ 0 !a 1 ,!ir f $50'% 000 per occurrenceCr as Watercraft Liability ' ��1 aD �ff�� ////////// Worker's Compensatio ��1��/ ■ CL 0,000 Bodily Injury by Accident �� ■ $500,000 Bodily Injury by Disease, policy limits '100,000 Bodily Injury by Disease, each employee Jones Act. �` that''i '�' work governed by this Agreement involves Maritime Operations (not to '0 be associated �Anizing JJJ� ongshor ��en s Insurance) the CONSULTANT'S Workers Compensation Insurance Policy in !coverage for claims subject to the Federal Jones Act(46 U.S.C.A. - subsection 688)wit of less than $1 million. The CONSULTANT shall be permitted to provide 0 Jones Act Coverage th gh a separate Protection and Indemnity Policy, insofar as the coverage 0 provided is no less re fictive than would have been provided by a Workers' Compensation policy. U- 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. as E 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 25 Packet Pg. 2349 J.3.a with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. U) as The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required insurance: • A Certificate of Insurance E L- 0. or Rol • A certified copy of the actual insurance policy. The CONSULTANT must provide a certified copy of the/its al ins'Y e policy or policies upon request by the County, notwithstanding that the C NT m "ve already provided a Certificate of Insurance. 7.9 Coverage shall be maintained throughout the n� rm of contract. %w' 7.10 Coverage shall be provided by a company or come authorized to transact business in the state of Florida. 7.11 If the CONSULTANT has been ap v� Florida D ment of Labor as an a rr 0 authorized self-insurer, the CONSULTANT ma'°� red t ,�ubmit a Letter of Authorization issued by the Department o aan �� V�,' icate of Insurance,providing details on the CONS Excess In sl once ProgCr 7.12 If the CON "' T pa pates in a sel s ance fund, a Certificate of Insurance will be required. In a � ,n t INSULTA may be required to submit updated qii Jr � CL financial It , nts frog u ��i °' from the COUNTY. U 7.13 e CONSUL ��„»» �� shal` r ire its subcontractors to be adequately insured at least to t is prescribed and �� increased limits of the CONSULTANT if so required by th LINTY dunn �/, term this Contract. The COUNTY will not pay for increased t00 limits o rr rance for su �'ntractors. G 7.14 The COi�� AN all provide to the COUNTY certificates of insurance and a copy Including those naming the COUNTY as an additional insured and c of all insurance 0 as a loss payee. Th , OUNTY reserves the right to require a certified copy of such policies c upon request. Section 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 The CONSULTANT agrees to indemnify and hold harmless the COUNTY and its officers E 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 of any kind, arising out of, related to, or in connection with the negligence, recklessness, or 26 Packet Pg. 2350 J.3.a intentional wrongful conduct 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. U) 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 those of any subcontractor(s). 8.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the E indemnification provided for above. The extent of liability is in no limited to, reduced, or lessened by the insurance requirements contained elsewhere �' °� s Contract. Should any claims be asserted against the COUNTY by virtue of any ciency or ambiguity in the plans and specifications provided by the CONSULTANTIyULTANT agrees and warrants that it shall hold the COUNTY harmless and sh J dem�� e COUNTY from all losses occurring thereby and shall further defend any action� ,°, e COUNTY's n '� %i behalf. ,,,, %//////////G%%%��/��ii Sri, 8.3 In the event completion of the work assign de the°j rk of others) is�lJl��' ayed or suspended as a result of the CONSULTANT'S fai U " or maintairai e required c insurance, the CONSULTANT shall indemnify the Y from any and all increased expenses resulting from such delays, ould any claims � erted against the COUNTY by U) virtue of any deficiencies or ambigui � lans and spe tion provided by the COUNTY or CONSULTANT, the CO ' T agrees an' �� t"�' ants that the 0 CONSULTANT l losses occurring thereby shall and shald the l further COUNT ijl)iarm 1 /shall on he�mnify it from COUNTY's behalf. 0 g illl Y � ) 8.4 The CONSULTA agrees-1 grees' no charges claims for damages shall be made by it for r/a,. Cr any delays or hi, ' , s attri ble to the C , - TY, for whatever cause, during the as progress of any ports )JI ,the ces specifie '/this Contract. The CONSULTANT agrees that it shall be entit , � 8.5 The NSULTA ' f� 11 be nsible for the completeness and accuracy of its work, p �� pporting data �� other gents prepared or compiled under its obligation for this prof ost of work necessary to correct those errors attributable to the U'" d shall corre �''its exse all significant errors or omissions therein which may 1/pir. � li. be discThe c U CONSUL 111 and any image incurred by the COUNTY as a result of additional costs as caused by su rs sh be chargeable to the CONSULTANT. 0 8.6 The extent of liabi'its in no way limited to, reduced, or lessened by the insurance requirements cont 'ined elsewhere in this Contract. U_ 8.7 This hold harmless and indemnification shall survive the expiration or early termination of the Contract. as E Section 9. STAFFING 27 Packet Pg. 2351 J.3.a 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: U) LAIThe CONSULTANT shall provide at its own expense all necessary personnel to provide as the services under this Agreement. The personnel shall not be employees of or have any contractual relationship with the COUNTY. E All personnel engaged in performing services under this Agree t shall be fully as 0. qualified, and, if required, to be authorized or permitted and ' 41, State, and local laws to perform such services. Section 10. CONTRACT TERMINATION. The COUNT day ter e this Contract for as any reason, with or without cause, upon written notic diately after receiving such notice, CONSULTANT shall immedia c°�ntinue advaif`°� the services Z contemplated herein and deliver all work-product 'luding b}t not limited to°�� ' d��Cuments drawings, field survey notes,public records (as t has be' construed unde ��apter 119, Florida Statutes), reports, etc.)to the COUNTY, whetk°0'� a ;gip rtially compl ed or fully completed. Compensation shall be paid to the CONSUL through the end of services performed and provided to the COUNTY to the date of to tion. U) Section 11. AUTHORIZATION OF W a � NMENTS ir-, C 11.1 All work assignments be and or in additi�,��,,, t ope Ices —Exhibit A must be c authorized in writin � "' ved by the l� rd of Cou ` Commissioners. Cr 11.2 There maybe al inst ons or provisi�nsrspecific to the authorized work in the Scope of Services fo°"'i �` a of clarifying''u" i��ain aspects of this Contract pertinent to CL the work to underta R , instruction or provisions shall not be U- Pu const his Agret. Authorizations shall be dated and serially nu 11111';-'red. 11.3" he, / SULTANT s not as i, sublet or transfer any rights under or interest in 0 (incluc��'"i ut not with limitations monies that may become due or monies that are due) this Cont �f� ,r subsequ Work Assignment without the written consent of the COUNTY, as U- except to the' t that y assignment, subletting, or transfer is mandated by law or the effect of this li�i � '; gay be restricted by law. Unless specifically stated to the contrary in any written conse N any assignment, no assignment will release or discharge the assignor 0 from any duty or esponsibility under this Agreement. U- Section 12. NOTICES All legal notices, requests and authorizations provided for herein shall be in a signed document as E 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: 28 Packet Pg. 2352 J.3.a To the COUNTY: Monroe County Marine Resources Office Attn: Marine Resources Office Senior Administrator Brittany Burtner �? 2798 Overseas Highway as Marathon, Florida 33050 With a copy to: E L- as CL Robert B. Shillinger, Monroe County Atto � Rol Monroe County Attorney's Office 1111 12th Street Key West, FL 33040 To CONSULTANT: �� LD /lo�ippl / ,r»y, f Or addressed to either parry at such oth jg dresses as such shall hereinafter furnish to the �� 11 b deemed to have been other party in writing. Each such notice or authorizati �� duly given when so delivered by hand, cou with proof � ivery, or, if mailed, when CL deposited in the mails registered, postage retu ��'' t re u�ed. L- p g p g p Section 13. Maintenanc ds and Rig o Audit. �NSULTANT shall maintain all CL books, records, and do en s ly pertinent, performance under this Contract in Cr accordance with ge accepte' accounting pr�' i es consistently applied. Records shall be retained for a period of ' s fr e terminatiothis Contract or for a period of 5 years %,; CL from the date of bmission �� report in accordance with 2 CFR §200.333 U- ll ull% this Con or its authorized representatives shall have � ' it, J 0 , whicheve� � , � h pa G„�f,,,,,,%rr�� p � reasona and timely to s'UN§'ilo cords of each other parry to this Contract for public re cor �J oses during ° m ofntract and for four years following the termination of U) this Con , If an auditor Toyed the COUNTY or Monroe County Clerk of Court 0 ..--rllll� l�- C� determines �,,pionies paid ON ULTANT pursuant to this Contract were spent for .� S purposes not ai ized by t "CONSULTANT, or were wrongfully retained by the as CONSULTANT `S ONS J TANT shall repay the monies together with interest calculated pursuant to Sec. 55. ° J e Florida Statutes running from the date the monies were paid by the 0 COUNTY. Right to Audit.Avaihility of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as < computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation as E covering negotiated settlements); backcharge logs and supporting documentation; general ledger 0 entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk 29 Packet Pg. 2353 J.3.a of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents or the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead E computations, observing vendor and supplier payments, miscellaneous ocations, special charges, verifying information and amounts through interviews and %confirmations with G employees, Subcontractors, suppliers, and CONSULTANT's rep �tatives. All records shall be kept for ten (10)years after Final Completion of the Project '! `��nty Clerk possesses the independent authority to conduct an audit of Records assets �d activf� elating to this as Project. If an auditor employed b the Monroe County ufiy Clerk��"� '' roes that monies J YY tY ��,,,,, /�, as paid to CONSULTANT pursuant to this Agreement w 1 spent for purpose uthorized by this Agreement, the CONSULTANT shall repay th onies together with inter lc fated pursuant to Section 55.03, F.S., running form th �, moni were p 11 aid to C a ' LTANT. //%oo, The right to audit provisions survives the termination dirri this Agree - "nt. Section 14. Public Access and Public j��rds Complianc�lj e CONSULTANT must U, comply with all Florida public records la ding but not d toF211 �Chapter 119 Florida U) Statutes and Section 24, Article I, of the 1,H, ° 'tution. The �' TY and the CONSULTANT shall allow and permit reas�� able and *,,andi, 'p ection of, all documents, ci «p l 1 records papers letters or other ublic record mial,sssession or under its control i° l rrrar� subject to the provisions �� 119 Flori �,. atutes an ade or received by the COUNTY and CONS AN °"' njunctic and in connection with this Contract and as Cr related to Contract ance. COUNTY s �` 1 lve the right to unilaterally cancel this ar, i Contract upon violation pr n by the C ULTANT. Failure of the CONSULTANT to abide by the s dthi �s� �ir �� ed a material breach of this Contract and theLL COUNTY a to �� this pro n in the form of a courtproceeding and shall as a revai ' party, be ° �'p �11,d to r ursement of all attorney s fees and costs associated with that �'� ding. This prop, shad" l �,� e any termination or expiration of the Contract. U) ged to consult with its advisors about Florida's public records 'G The CON T is enco ��Glt laws in order �� ply with s provision. Pursuant to Section 119.0701, Florida Statutes, and Z the terms and co s of 5 contract the CONSULTANT is required to: Keep and in in�public records that would be required by the COUNTY to perform the 0 service. (22,) 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 a otherwise provided by law. E 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 30 Packet Pg. 2354 J.3.a 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 U) 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 L- applicable a records upon completion of the Contract, the CONSULTANT � ��„�eet all pp � requirements for retaining public records. All records store ctronically must be provided to the COUNTY, upon request from the COUN stodian of records, in a format that is compatible with the information technol Sys ' ' f the COUNTY. 5 A request to inspect or co public records relati � i� C�OUNT� °� act must be made q p copy p , as directly to the COUNTY, but if the COUNTY s not�possess the re ed records, the U- M I, COUNTY shall immediately notify the CO� c LTANT,,,, f the request, a�� /o, CONSULTANT must provide the records,, o ��UN r allow the re c s to be 0 inspected or copied within a reasonable time. °" c If the CONSULTANT does not comply, ith the COUNT "� uest for records, the COUNTY c �% " shall enforce the Contract's maintenance rds and/ p ub cess and public records compliance provisions notwithstanding th Y'S option a ��U ��to unilaterally cancel C CL this Contract upon violation of said provisi s)b-0-0° NSULT T. A CONSULTANT who fails to provide the public records to the CO TY �p �� ,�u valid public records request within a reasonable time bject to pen under S� n 119.10, Florida Statutes. 4- ,�% �� as The CONSULTAN f not tra''� 'r custody,r� ase, alter, destroy or otherwise dispose of Cr , � any public records unle ,' the use provided in provision or as otherwise provided by law. � ////// �/// a` I ' E C �� A S QUESTIONS REGARDING THE APPLICATION CHAPTER LO � ATUTES TO THE CONSULTANT'S DUTY ROVIDE PMC REWDS RELATING TO THIS CONTRACT C CT THE CTW OD AN OF PUBLIC RECORDS BRIAN BRADLEY AT to PHO l 05-292-3 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONR / OUNT ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY U- WEST FI Ye 0 Section 15. Compliawith Law. In providing all services pursuant to this Contract, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or U- 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 Agreement. 31 Packet Pg. 2355 J.3.a Section 16. Disclosure, Conflict of Interest, and Code of Ethics LAIThe 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. (13)Upon CONSULTANT's execution of this Agreement, and thereafter as changes may E require, the CONSULTANT shall notify the COUNTY of any f ncial interest it may have in any and all contracts with Monroe County. The COUNTY agrees that officers and employees of t � ' Y recognize and will be required to comply with the standards of conduct for lic of - and employees as (D delineated in Section 112.313 Florida Statutes r 6iri' but no '` ed to, solicitation or acceptance of gifts; ain I .� qsfts; doing business with on ' -`agency ; unauthoriz mp ensation; U_ misuse of public position, conflicting empl ent or contractual relatii ,» d disclosure or use of certain information. f01%%/ �%%,, 0 Section 17. Taxes. The COUNTY is exempt from paymeFlorida State Sales and Use taxes. The CONSULTANT shall not be exem' by virtue of the "� ' ty's exemption from paying U) sales tax to its suppliers for materials use' to ll its obligatio �j�der this Agreement nor is the CONSULTANT authorized to use the �� Tax Exem �'�� umber in securing such a I� materials. The CONSULTANT shall be res sibl ��f' and al xes, or payments of withholding, related to services rendered and hi �g��// 1�� 0 Section 18. Financial spons The CO TANT shall not pledge the County's credit Cr or make it a guaran - �, yment surety for an or ract, debt, obligation,judgment, lien, or any form of indebtednes C LTANT fu r warrants and represents that it has no obligation or in tedness ity to fulfill the terms of this Agreement. Section,,,,, dt . Miscella �� ,u 19.1'Sut, rs and Assig��/ he C SULTANT shall not assign or subcontract its 0 P obliga l under this C ,� ract, except in writing and with the prior express written .G approval f, COUNT land consistent with the Contract which approval shall be subject as to suc s and visions as the COUNTY may deem necessary. This paragraph shall be incorp� reference into any assignment or subcontract and any assignee or 0 subcontractor shap omply with all of the provisions of this Contract. Subject to the 0 provisions of the"mmediately 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 parry. 19.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, as E contractual or otherwise, with or any rights in favor of, any third parry. 19.3 Negligence. 32 Packet Pg. 2356 J.3.a (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 U) (5) days' written notification to the CONSULTANT. as co (B)The COUNTY may cancel this Contract without cause by giving the CONSULTANT sixty (60) days' written notice of its intention to do so. E L_ 19.4 Public Entities Crimes/Convicted Vendor. A person or affiliate o has been placed on as the convicted vendor list followinga conviction for public enti rim° �yma not submit a P Y bid on contracts to provide any goods or services to a public may not submit a bid on a contract with a public entity for the construction or rep '�� f " /is building or public work may not submit bids on leases of real property to lic en % ay not be awarded or (D perform work as a contractor, supplier, subcontract f� cdhsultant a contract with 'Ggoo any public entity, and may not transact business any public entity i" �' less of the as threshold amount provided in Section 287.017 the Florida Statutes, for ��©RY TWO for a period of 36 months from the da�o g pla ��°' on the convict endor list. 0 ///iiioo,,,,,»,, 0 By signing this Contract, CONSULTANT represents �he execution of this Contract will not violate the Public Entity CrimeQ t(Section 287.1 �� orida Statutes). Violation of U) this section shall result in terminatio l�� Contract and'. 0�', il7 o all monies paid U) hereto and may result in debarment fr�'u Y's compe procurement activities. CL In addition to the foregoin CONSULT T rrroi��; �nts that there has been no 0 determination, base �� «r � it, that it or � subcon �tor has committed an act defined U) �• "r /o « . as by Section 287.1 'Florida? tes, as a p lic entity crime and that it has not been : formally char �'��,,�,��commi Ong an act deft F"Is a"public entity crime" regardless of the (D amount of money in ;�a do er CONS ANT has been placed on the convicted vendor li i/;;;;;;;; , / jj////////O///////////////// U_ ��1/llllllllllllllllllllll��lllll//ffff/��ro , CONS ANT wig ;,� ror i� potify the COUNTY if it or any subcontractor or fJ r u020 subs, ant is formal ged` ( an act defined as a public entity crime or has been pla n the convic� " vendo t. 0 19.5 Claims for Fe Aid. CO ' ULTANT and COUNTY agree that each shall be and is U_ empowered to ar, se y"and obtain federal and state funds to further the purpose of this 0 Contract. Any condi posed as a result of funding that effect this Project/Scope of Work will be provided to a ff arty. 0 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 Agreement automatically terminates without any further action on the part of any parry, effective the date E of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which 33 Packet Pg. 2357 J.3.a prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 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. co 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 E Rehabilitation Act of 1970 (PL 91-616), as amended, relating to no di mination on the f ,, basis of alcohol abuse or alcoholism; 7) The Public Health Service i,�pl2, ss. 523 and � 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to c entiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Ac "",, 42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, r al or �Mg of housing; 9) � The Americans with Disabilities Act of 1990 (42 USC s. 0 "Note), as'' be amended ��!oorro„o, � qs from time to time, relating to nondiscrimination on th � e sis of disability; 1 0 �nroe County Code, Chapter 14, Article II, which prohibits discri ation onthe basis of rac" or sex religion, disability, national origin, ancestry, sex tation �" rider identity ession, familial status or age; 11) Any other nondiscrimination s„ 's „any Federal, state 0 statutes which may apply to the parties hereto, or,the subl atter of, this Agreement. During the performance of this Agreem the CONSULTA� '' � n accordance with Equal U) Employment Opportunity(30 Fed. Reg. 1 , ; ��9351 3 C.F.R l�/ 19�4-1965 Comp.,p. /�oa,,, . ro�r� c 339), as amended by Executive Order 113 � � Executive'i� ' 11246 Relating to CL Equal Employment Opportunity, and implem tin i at 4 F R. Part 60 (Office of CL Federal Contract Compliance Programs, Equa JIM �y rtunity, Department of 0 Labor). See 2 C.F.R. Pa � �' endix II,¶ grees as f bows: Cr 1) The con , ill not' criminate ag st ny employee or applicant for employment as because of ra olor ion sex, s al orientation, gender identity, or national on i The coif° , �� '� ative action to ensure that applicants are � �P thas� '�� ogees ar� ated during employment, without regard to their race, colMl, on, s xual orientation, gender identity, or national origin. Such action� s � limited o e oow Employment, apgradin upgrading,Khal g U)s otion or tr r rec tment or recruitment advertising; layoff or termination; c of pay or �. ��r forms of compensation; and selection for training, including 2 ap ceship. T consultant agrees to post in conspicuous places, available to ULD - ,y �� empld �� and licants for employment, notices to be provided setting forth the C provisio nondiscrimination clause. 0 c 2) The consul ant 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. as E 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant 34 Packet Pg. 2358 J.3.a or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the U) compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. E L_ as 0. 4) The consultant will send to each labor union or represent j�� ,workers with which it has a collective bargaining agreement or other contrac nderstanding, a notice to be provided advising the said labor union or workers", dative of the consultant's �` U) i commitments under this section, and shall post es o otice in conspicuous as places available to employees and applicants oyment LD 5) The consultant will comply with all pro ii ns of E cutive Order 1°' ofeptember C 24, 1965, and of the rules, regulation ; I t ers of the Sec re of Labor. 0 c 6) The consultant will furnish all information orts required by Executive Order 11246 of September 24 1965� d by the rules re` eons and orders of the Secretary of Labor,or pursuant thereto ��' ermit access f„ bo�ks records and accounts U) �; p y. �� /y irii� 0 by the administering agency an �"""t,,,"""Y� ary of Lab purposes of investigation to ascertain compliance with suc h, les i� ns an �orders. 0 4- o 7) In the event ultant s no rrrrr>>, pliance the nondiscrimination clauses of o n , this contra with of the said d�es, regulations, or orders, this contract may be Cr cancele /,, mated uspended iri/ , h� e or in part and the consultant may be declared meli' i�t for or Governm �� contracts or federally assisted construction cont sin acc'- �� es authorized in Executive Order 11246 of U_ „r7/l/�� l ll llllr/1 19 such o anctions may be imposed and remedies invoked as provide �� ec rder 11246 of September 24 1965 or by rule regulation or order of th' ', etary` � or, or as otherwise provided by law. %ai, l� M The CON NT will in e the portion of the sentence immediately preceding paragraph (1) and the pr �� ns of parphs (1)through (8) in every subcontract or purchase order Z unless exempte i les, r ations, or orders of the Secretary of Labor issued pursuant to section 204 of Exec er 11246 of September 24 1965 so that such provisions will be binding upon each sub�� tractor or vendor. The CONSULTANT will take such action with 0 respect to any subcon act 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. as E 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 35 Packet Pg. 2359 J.3.a 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, U) 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 E CONSULTANT warrants that it has not employed, retained or otherwi ad act on its behalf as any former COUNTY officer or employee subject to the prohibition « ikon 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation ction 3 of Ordinance No. 020-1990. For breach or violation of this provision the CO UN �� ) its discretion, terminate this Contract without liability and may also, in its retion, ct from the Contract or purchase price, or otherwise recover the full amount o commie percentage, gift, or consideration paid to the former COUNTY officer irploee. M i_ llPlly- 19.9 Covenant of No Interest. CONSULTANT UNTY i � �° venant that nei ��' resentl p y c has any interest, and shall not acquire any interest a"dP conflict in a manner or 0 degree with its performance under this Contract ani"'' rr nl interest of each is to perform g p � �i y p c and receive benefits as recited in thip ontract. o / / `U) 11ilpil!'emQ, 19.10 Federal Contract Requirements. LTANT ar 0/1§ubcontractors must follow the provisions as set forth in Ap , dix � 200 amended, including but not CL �p limited to: � c 19.11 Equal Emplo ant Opunity. Exce��j as otherwise provided under 41 CFR Part 60, Cr all contracts t the de 'tion of"fed e ssisted construction contract in 41 CFR as Part 60-1.3 must in the opportunity Il use provided under 41 CFR 60-1.4(b). CL 19.12 Da m link, as � ded (4J. 3141-3148). When required by Federal �pr, legislatt �� prirri` „ " struction contracts in excess of$2,000 awarded by non- e I entities mus `� ply av Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146- 1 ��'�,supplemente ` Depa ent of Labor regulations (29 CFR Part 5, "Labor 0 Stand provisions A cable'to Contracts Covering Federally Financed and Assisted Construe . In accor ce with the statute, contractors must be required to pay wages to laborers an panics a rate not less than the prevailing wages specified in a wage _ determination `° the Secretary of Labor. In addition contractors must be required to pay wages not les an once a week. The COUNTY must place a copy of the current 0 prevailing wage etermination 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 E 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 36 Packet Pg. 2360 J.3.a employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. U) When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the E contractors, in contracts for construction or repair work above 000 in situations where CL the Davis-Bacon also applies, must also comply with the Co ��Anti-Kickback" Act (40 U.S.C. § 3145) as supplemented by Department of L regulations (29 CFR Part 3 "Contractors and Subcontractors on Public Building or ork Financed in Whole or in Part by Loans or Grants from the United States" s req' i by the Act each contractor or subrecipient is prohibited from ind b��i„any trill ny person employed in the construction, completion, or r `ir o{public work � � e up any part of U_ the compensation to which he or she is othe se entitled. The COUN�I,,� st eport all suspected or reported violations to the Fed arding° ency. c (1) Contractor. The contractor yv� th 18 U.S.C. § 874 40 U.S.C. § 3145, and the requiremf� f 29 C.F.R.pt. 3 as may be applicable, wift re incorporated � erence into this contract. (2) Subcontracts. Th ,o��„ r subconu �� i shall insert in any C //o «, subcontracts the cl ' se ab i � ch a er clauses as the FEMA CL m o appropriate i 'S tions e, and also a clause requiring 0 Al" retractors to dude thesauses in any lower tier U) A subco '"ts. The pri contractor shall be responsible for the ompha by any subc ctor or lower tier subcontractor with all °p es ct clauses Br „ breac��contract clauses above may be grounds for //l//lllllllll��llllllllllllllllllllDllll// �� ,,, r /!min of the contract and for debarment as a contractor and o % ontra/` eprovided in 29 C.F.R. § 5.12. AddIly, in accor wit e regulation, each contractor and subcontractor must 0 furnish week a stat `ent with respect to the wages paid each of its employees engaged in work c 0, by the eland Anti-Kickback Act and the Davis Bacon Act during the Z preceding we ayr ,, '"period. The report shall be delivered by the contractor or � subcontractor, f even days after the regular payment date of the payroll period, to a representative of ederal or State agency in charge at the site of the building or work. 0 19.13 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by E 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 37 Packet Pg. 2361 J.3.a 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 U) 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 CID or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. E (1) Overtime requirements. No contractor or subcontractor contracting any as CL part of the contract work which may require or involve the employ �RoP laborers or mechanics shall require or permit any such laborer or anic in any workweek in which he or she is employed on such work t � xcess of forty hours in such workweek unless such laborer or med c rece compensation at a rate not less than one and one-half ti e sic rate pay for all hours worked in excess of forty hours ins rk�°week (2) Violation; liability for unpaid wages; liquidate ' rages. the event of a violation of the clause set forth in paragraph 29 �5.5(b) the 0 contractor and any subcontractor responsible therefor s�ill, a �� or the ll> rt unpaid wages. In addition such contractor and subcontra' �„�all be liable to the United States (in the case of work d1011, under contract foci District of , Columbia or a territory, to such District �� ' territory) fo 'dat d /�0 l a 0 damages. Such liquidated damages shall b o with respec ch CL i, 0 individual laborer or mechanic, including wa rds e toyed in violation of the clause set forth in paragraph 2C. § �� in the sum of 0 $27 for each calendar da such indivi was req ed or permitted to work in excess oftandar t� �r� as kweek of f� � hours without payment of � the overtime wa es, � Cr d by th lause set fort j ragraph29 C.F.R. § 5.5 (b)(1). g (3) Withholding for unpud _1 ges, i uidated d ,ages. The Federal agency shall upon its l � CL own action or a written � representative of the � Departme hot use to ehheld, from any moneys p °�° l by the contractor or subcontractor _2 payable accounto i erfo"+/� under uch contract othef al contract with the same prime U) contract ' °',` any other fed y-assi� 'd contract subject to the Contract c Work Hour �' Safety Stan% ids Act, which is held by the same prime 'G contractor su ,,, ' s as may determined to be necessary to satisfy any as ", liabilities of suck actor subcontractor for unpaid wages and liquidated CID damages as provide ause set forth in paragraph29 C.F.R. § 5.5 (b)(2). - (4) Subcontracts. The /tractor or subcontractor shall insert in any 0 subcontracts the claus"s set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). as E 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 38 Packet Pg. 2362 J.3.a 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 U) 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. E 19.15 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Wat Pollution Control Act as CL (33 U.S.C. 1251-1387, as Amended). CONSULTANT agrees (y with all applicable standards, orders or regulations issued pursuant to the Clean ct, as amended(42 U.S.C. §§7401-7671q) and the Federal Water Pollution C f �� as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Fede �Agenci) the appropriate Regional Office of the Environmental Protection A °° � �A). Thal„ an Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Poll i Co(`trol Act(33 � 1251-1387), as as amended applies to Contracts and subgra of amourn„ts in excess of 00„9 The CONSULTANT agrees to include these req 0 is in ea subcontract ex ng c ii IIIJ e $150,000 financed in whole or in part with Federa ��s 'e �vided 0 by F �� A/Federal 0 agency. The CONSULTANT agrees to report each v" on to the COUNTY and c understands and agrees that the C TY will in turn` each violation as required to assure notification to FEMA/Federal" ° and the appr e E�A Regional Office. lull / ,r CL 19.16 Debarment and Suspension (Exec an�' 2689). A contract award under a"covered transaction" (see 2 CF �) 80 0 �� 'D Obe made to parties fisted on the 0 government-wide ex�� n the Syste //� Award � `agement(SAM), in accordance ine with the OMB gu s ��` FR Part 18 at implement Executive Orders 12549 (3 CFR part 1986 P. 18 r, and 12689 (3 R art 1989 Comp., p. 235), "Debarment Cr and Suspension" an' Ill De p ent of Home .Security s regulations at 2 C.F.R. Part 3000 (Non rocureme�� 'ion). SAM Exclusions contains the names of CL r/ ' , "�°i�i�I °� �� othe « - cluded b agencies, as well as parties declared �parties j f pen y g ine ' �° le under ry or atory authority other than Executive Order 12549. SAM ions can be a �'' d at v 'In.gov. CONSULTANT is required to verify that 'no the CONSUL ''' T's pr ipals (defined at 2 C.F.R. §180.935) or its affiliates r_ (define 2 C.F.R. §1 �,05) ale excluded (defined at 2 C.F.R. §180.940) or disqualified U (defined`" f F.R. §18 35). the CONSULTANT must comply with 2 C.F.R. pt. 180, as subpart C a � ,,,F.R. 3000, subpart C, and must include a requirement to comply with these regulatiol ower tier covered transaction it enters into. This certification is a material represen �n of fact relied upon by the COUNTY. If it is later determined that the 0 CONSULTANTid not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may U_ pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 19.17 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONSULTANTS that apply or bid 39 Packet Pg. 2363 J.3.a 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 U) agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the E certification(s)to the awarding agency. If award exceeds $100,00 %�e attached certification must be signed and submitted by the CONSULTA ° e COUNTY. 01 19.18 CONSULTANT must comply with section 6002 of the i ste Disposal Act, as amended, by the Resource Conservation and Recovery The , ements of Section 6002 include procuring only items designated in gu � e�r�� f the E mental Protection i, �, Agency (EPA) at 40 CFR part 247 that contain t / ighel percentage �overed U_ materials practicable consistent with maintai a satisfa,ptory level of c�0'' �0' itin where the purchase price of the item exceeds $10" ° 1 e value`, the quantity a ed during 0 the preceding fiscal year exceeded $10,000;prod o„�� xe managem t services in a c manner that maximizes energy and resource recove establishing an affirmative procurement program for procuremx of recovered ma identified in the EPA guidelines. In the performance of th ct, the CONS r NT shall make maximum use of products containing recovered t are EPA ll/r ! ated items unless the CL product cannot be ac uired //// c P q �/ i„„ CL 1. Competitively within a timeframe providing or rnp � h the contract performance 0 schedule; la, 2. Meeting contract pe rmanc uirements; 3. At a reasonable p, l//� Information about this r'' me ng with the of EPA-designated items, is available at CL EPA's Compre ive Pro �,� h � site, U_ �n// /l/0/��,, n/corit',�° , enswe- cement- u�deline-c ro ram.https:Hww r p g pg-p g �� ,, Th ��NSULT' so ag r o comply with all other applicable requirements of n 6002 of the 16 Was' nsal Act 19.19 Othf deral Requ ments. _ 19.20 American �� D's ilities Act of 1990 (ADA). The CONSULTANT will comply with all the requirem imposed by the ADA, the regulations of the Federal government 0 issued thereunder; nd the assurance by the CONSULTANT pursuant thereto. c 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 Agreement. The DBE requirements of applicable federal and E state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and CONSULTANTS shall take all necessary and 40 Packet Pg. 2364 J.3.a reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and 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 Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract E goods or services, then, in accordance with 2 C.F.R. §200.321, the CO ULTANT shall take the following affirmative steps to assure that minority businesses, w usiness enterprises, and labor surplus area firms are used whenever possible. /�i�,, b. Affirmative steps must include: (1) Placing qualified small and minority businesses and w n's bu/G�� enterprises on solicitation lists; %� (2) Assuring that small and minority businesses, an omen s business e-ri ses are solicited as whenever they are potential sources; �� CID � 3 Dividing total requirements, when economy BibleI smaller tasks antities to O g permit maximum participation by small and minority s, women's b Hess 0 enterprises; (4) Establishing delivery schedules, w e the requiremen its, which encourage b small and minority busm �"'' d women's b��o�� s e to rises participation Y tY / i%�%//� � / ,,�� : 0 (5) Using the services and assistance as of such or� dons as the Small CL Business Administration and the Minority B .iness� ment ency of the Department of CL Commerce. 0 (6) Requiring the Prim TANT, if s/ contractor Ze� to be let, to take the affirmative steps listed in paragra I'1)thro�� ){5) of this s �' ion. / Cr �0/0� � ��ll i��rrrrr 19.22 REQUIREMEN �� US - . -VERIFY r �� CL In accord a 0� 448 0 an shal i ize the art% e CO ANT and any subcontractor shall register with °�' f Homeland Security's E-Verify system to verify the work d � � autho on status of a��r em��n„1�. mired by the CONSULTANT during the term of the P Con tau shall express uire a s bcontractors performing work or providing services 0 pursuant to�% ontract to li ise utilize the U.S. Department of Homeland Security's E- U Verify system`" rift' thew authorization status of all new employees hired by the as subcontractor dli, the Co/ act term. Any subcontractor shall provide an affidavit stating that the subcontractor d ploy, contract with, or subcontract with an unauthorized alien. The CONSULTANT shallply with and be subject to the provisions of F.S. 448.095. 0 19.22 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); as • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and E • 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. 41 Packet Pg. 2365 J.3.a 19.23 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management U) Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaintco investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be E necessary, as required by DHS regulations and other applicable la or program guidance. 3. Submit timely, complete, and accurate reports to the appropr officials and maintain appropriate backup documentation to support the r s. 19.24 DHS Seal, Logo and Flags: CONSULTANT shall n se th ✓ artment of Homeland Security seal(s) logos crests or reproduction of fla r..�� eness o' , � S agency officials without specific FEMA pre-approval. The CONS sha11 incl provision in as any subcontracts. 19.25 Changes to Contract: The CONSUL TA rstand� d agrees that a cost 0 Uri, ,, resulting from a change or modification, change o o f �s cove chang 'of the agreement must be within the scope of any Federal g r cooperative agreement that may fund this Project and be reasonable , ', he completion o �" roject. Any contract change U) or modification change order or con % change must % rgved in writing by both U) the COUNTY and CONSULTANT. // ////// �0°' CL 0 %r� // a 11 l/„ 19.27 Compliance with Federal Law, Regu r�io �,� � �ve Orders. This is an acknowledgement t a financial a ;- an ma used to fund all or a onion of 4 g i �� *1 y�, p the contract. The S T will co�ly will all applicable federal law, regulations executive orde �� A po s procedure �alllllll�d directives. Cr 19.28 No Obligation by t. e Federal Government is not a parry to thisCL i (>EAR' On iiiiiiii 0 �, U_ contr subje , any s or liabilities to the COUNTY/non-Federal en ��contracW ny o arty pertaining to any matter resulting from the contract. i % 19.29/ 1, am Fraud an� P Ise or' l r`��'dulent Statements or Related Acts. The CO TANT ackno dges �� t 31 U.S.C. Chap. 38 (Administrative Remedies for False to Claims jtatements) lies to the CONSULTANT's actions pertaining to this contract. '0 19.30 Prohibit, certa' telecommunications and video surveillance services or equipment as in 2 CFR § 200.216. Recipients and subrecipients and their contractors and A contractors may not obligate or expend any federal funds to (1)Procure 0 or obtain; (2) ExAend or renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that U_ uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is as telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 42 Packet Pg. 2366 J.3.a (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided E by an entity that the Secretary of Defense, in consultation with th irector of the National CL Intelligence or the Director of the Federal Bureau of Investigat ,�� §,onably believes to G be an entity owned or controlled by, or otherwise connecte he government of a covered foreign country. 19.31 Domestic preference for procurements as set f n �CFR§ � 22. The COUNTY /. JJ,,, Io �, and CONSULTANT should, to the great extent cticale provide a �ence for the U_ purchase, acquisition, or use of goods,produ or materials produced i ni,Jed States CD ((including but not limited to iron aluminu cemen ! d other manu 1°'red g /lfi °'err, �i 0 products). These requirements of this section mu �n�n ed�,in all subaw ds including 0 contracts and purchase orders for work or products federal award. For purposes of this section: (1) "Produced in the United States" � i ron and steed U) Us, that all 0 CL manufacturing processes from the init�4j1 m�� e throug 'e application of coatings, occurred in the United States. Z �:.' �� l P U) 2 Manufactured ,� � eans items construe materials composed in whole or in part of non-fe ''s meta h as alumin ; plastics and polymer-based products such Cr as polyvinyl c 0� �� ipe; a gates such a ��,' rete; glass including optical fiber; and lumber. NT ° ij r //////////////////////� %//////�i 19.32 The 49/11, Ri " d b a s and conditions of the Federally-Funded Su and an 9gree' j between County and the Florida Division of Emergency agement. � 00, U) 19.33 Th� N NSULTAN 11 hol the Division and COUNTY harmless against all claims of 0 whate ture arising rt of the CONSULTANT's performance of work under this Agreeme � the exte flowed and required by law. as `�"�/ Section 20. on �� `� mmunity. Notwithstanding the provisions of Section 768.28, °0 Florida Statutes, the p ation of the CONSULTANT and the COUNTY in this Contract and 0 the acquisition of any "ommercial 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. as 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 43 Packet Pg. 2367 J.3.a 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. U) 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 E the performance may be offered in satisfaction of the obligation or res Rsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing 4 ation of the � constitutional or statutory duties of the COUNTY, except to the e t permitted by the Florida Constitution, state statute, and case law. Section 23. No Personal Liability. No covenant or agre �' t d ntaine n shall be deemed to be a covenant or agreement of any member, officer Vent o employee o roe County in his or her individual capacity, and no member, offi agent or employee shall be liable personally on this Contract or be �I any p onal liability o� eountability by reason of the execution of this Contract. �iie",,,j 0 Section 24. Non-Reliance by Non-Part No person or en all be entitled to rely upon the terms or any of them of this Contract to or attempt to e a y third-party claim or i, entitlement to or benefit of any service or j, mplated l Eder, and the CONSULTANT and the COUNTY agree th �neit� te NSU "ANT nor the COUNTY or any agent, officer, or employee of either shall v r e au , � o inform counsel or otherwise 0 indicate that an articul � ' " al or group ndividual anti or entities have entitlements S'p � � ll o g p � �' � or benefits under this tract s j to and an nferior to, or superior to the community in � general or for the Cr conte ated in this C trait. g P, n�irfr , ��1�Illll� Section 25. Go ning Lai �� n, Costs and Fees. This Contract shall be CL governed b, �' l%pi 111rrr //%i%, 1 , g din dance wi e laws of the State of Florida applicable to contrac ade and to" , form " tirely in the State. In the event that any cause of action or f �1J, admi �� ive proceedin ,i stitut die enforcement or interpretation of this Contract CO '' CONSULT agreee at venue shall lie in the 16Ih Judicial Circuit, Monroe 0 County, Fl"" in the a o 'ate court or before the appropriate administrative body. This Agreement sh liberally ' strued and enforced in favor of Monroe County to effectuate its ,«, U_ public purpose(s ��a� olicy `s) of the County; the construction and interpretation of this Agreement and all �` %� lations or instruments relating to, in connection with, or arising out of this Agreement sh e construed in favor of the BOCC and such construction and 0 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. as E 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 parry 44 Packet Pg. 2368 J.3.a relative to the enforcement or interpretation of this Contract, the prevailing parry 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. as 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 E to the satisfaction of the parties, then any parry shall have the right to s such relief or remedy as may be provided by this Contract or by Florida law. This provisio � thot negate or waive the preceding provisions of this Contract concerning termination ncellation. Section 28. Cooperation. In the event any administrative or' al prod g is instituted as against execution, UNTY and CONSULTANT agree to participate, e ate t tt requ o ed of this Contract, b h CO CONSULTANT D other party in °' all proceedings, hearings,processes, meetings, and er activities related to th '� take of this Contract or provision of the services under this (S` CO11111flolyes, and CONS `µ T , specifically agree that no parry to this Contract shall b i1ter into any itration proceedings related to this Contract. ` ,. Section 29. Severability. If any term, co �� ondition or p ��, on �f this Contract(or the ��%� 0 application thereof to any circumstance or rs I be declare valid or unenforceable to CL l 0 any extent by a court of competent jurisdicti the term covenants, conditions and provisions of this Contract, shall not be affect��' t y / �� remaining term, covenant, 0 r fi,,, condition and provision tract shall b f lid and s�r be enforceable to the fullest extent permitted by la n less t �Ur forcement ,the remaining terms, covenants, conditions � �r� tCr and provisions of ract w prevent the�� co , plishment of the original intent of this Contract. The COUNT /�"� CO TANT agre j0'reform the Contract to replace any CL stricken provisi� /with a va �II; s as close as possible to the intent of the stricken pr , Sect* � Attestations Truth° Aotiation. The CONSULTANT agrees to execute such do ' f is as COUN ', ay re nably require, including a Public Entity Crime 0 Statement p ics Statem l;and a Drug-Free Workplace Statement. Signature of this 'G Contract by C LTANT all act as the execution of a truth in negotiation certificate stating as ', er fa al unit costs supporting the compensation pursuant to the Contract `� that wage rates ai� f, / pp g p p � are accurate, comp, urrent at the time of contracting. The original contract price and any S additions thereto shall "adjusted to exclude any significant sums by which the agency 0 determines the contra 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 E warrants that: (A)The CONSULTANT'S name in this Agreement is its full name. 45 Packet Pg. 2369 J.3.a (B)He or she is authorized to act and contract on behalf of CONSULTANT. Section 32. Authority. Each parry represents and warrants to the other that the execution, U) delivery and performance of this Contract have been duly authorized by all necessary and corporate action, as required by law. U) CD Section 33. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the CONSULTANT for the services contemplated herein. Any amendments or E revisions to this agreement must be in writing and be executed in the s e manner as this CL Agreement. Section 34. Binding Effect. The terms, covenants, conditions f �' sions of this Contract shall bind and inure to the benefit of the COUNTY and CON , LTA �f� d subcontractors and their respective legal representatives, successors and ass' p g p LD Section 35. Section Headings. Section headings h been ms,;rted in this Co � asA matter / g % � `p of convenience of reference only, and it is agreed' I h secti headin s are n art of this Contract and will not be used in the interpretation of a�!/ 1 v n�"bf this Contras 0 Section 36. Execution in Counterparts� i�s Contract may �� " ecuted in any number of 11 rr I �ii counterparts, each of which shall be rega n original al is taken together shall 6 o r constitute one and the same instrument an � arties here y execute this Contract CL by signing any such counterpart. / � In Witness Whereof, th ; °��° ve execute s Contra c I s indicated below. Cr 0000�� 00000(SEAL) � � KEVIN �/ u, RK �ARD OF COUNTY COMMISSIONERS �� OF MONROE COUNTY, FLORIDA As Deputy Cl"""� � Craig Cates, Mayor 0 WITNESSES: Consultant Name. l. By: Print Name: Print Name: 46 Packet Pg. 2370 J.3.a 2. Title: Print Name: as as STATE OF COUNTY OF L- as CL The foregoing instrument was acknowledged and attested before me �� day of 2023, by who i rsonally known to me or produced as o � /dentibcation and did take an oath. as Notary Public Seal CL CL Cr CL LD OHO/O// ��iiaiillll��llllllllllllllllllllllll��j�� o0�oo OW��G//G/ o' CD E 47 Packet Pg. 2371 J.3.a SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] as CD L- CL »„» cu CD // f��,, o cu o L. CL cr Poll,frCL oo�� i000ii� � LL o CD 0 0 C E 48 Packet Pg. 2372 J.3.a RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET as KEY WEST, FLORIDA 33040 ❑I acknowledge receipt of Addenda No.(s) E I have included: 1. Response Form ElE as 2. Lobbying and Conflict of Interest Clause ❑ CL 3. Non-Collusion Affidavit ElRol 4. Drug Free Workplace Form ❑ �j/ 5. Public Entity Crime Statement 6. Monroe County occupational license and relevant County occupational licenses are required to be �a� �� obtained within ten days of award of the contract 7. Local Preference Form (if applicable) �� ❑ ��,��ii � 8. Indemnification and Hold Harmless forms ❑ °'�/ �/� p �ii, 0 9. Vendor Certification RegardingScrutinized Com ❑ ��,� 0 El have included a current copy of the follo1v professional a nm, ,upational licenses: /////// 0 If the applicant is not an individual (sole pro ie � se supplyollowing information: CL �� 0 CL APPLICANT ORGANIZATION: 0 l�llli�,„ (Registered business nam � � � .ar exactly as�� 'ppears on w.sunbiz.or r). � Any applicant other , indi i !I (sole propri r) must submit a printout of the "Detail by Cr Entity Name" scree rS fro f nbiz, ��1 a copy of the�° C�t recent annual report filed with the p 'li 1 � poratior� Florida Department of Sta U_ „ lll1��llllllllllllllllllDllll// f Mailing Ad ,� of %oo Tele �� / %fax: Date U) (Signature) LD ` Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online as E notarization, on (date) 49 Packet Pg. 2373 J.3.a by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. „ U) as as CD NOTARY PUBLIC E L- My Commission Expires: CL °b a 0000 as CD NIININN CL 0 CL Cr CL oo�� i000ii� � �/j I NO y, � E 50 Packet Pg. 2374 J.3.a SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA U) as ETHICS CLAUSE as (Company) E L- "...warrants that he/it has not employed, retained or otherwise had act on his/ behalf any former County CL °b officer or employee in violation of Section 2 of Ordinance No. 010-1990 or, ��°f t4pty officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or vi n of this provision the County may, in its discretion, terminate this Agreement without liability and �n% in its discretion, deduct from CID the Agreement or purchase price,or otherwise recover, the full amo, fof an commission, percentage, °75 gift, or consideration paid to the former County officer or employ e. as CID nature) Da'f �� ll/? STATE OF: //// j//// � 111 ///// f L 0 COUNTY OF: /////r,,, O/ ,,,,,,, CL Subscribed and sworn to efore me, b � sans of❑ lysical presence or❑ online U) Cr notarization, on �i " ��// (date) as b ////// iii �� y e of affiant). He/She is personally known to me cL or has pro � (type of identification) as identification. jell 0 LD NOTARY PUBLIC - CID My Commission Expires: 0 as E U 51 Packet Pg. 2375 J.3.a NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that as a. I am of the firm of CID the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal E L- with full authority to do so; CL °b b. the prices in this bid have been arrived at independently w� ut cod('°sion, consultation, communication or agreement for the purpose of restricti petition, as to any matter relating to such prices with any other bidder or with a ti o /D''��or; 2 „. C. unless otherwise required by law, the prices whic h been q(J,�� in this bid have not been knowingly disclosed by the bidder and wi ingly be" sed by the bidder prior to bid opening, directly or indirectly, to �other�°bidder or to at„��,,, petitor; andLD CID d. no attempt has been made or will be m the biddi r to induce an �� s on, V11partnership or corporation to submit, o� „% bmit, '�,.. for the pu posed pr stricting competition; � ,�� ,,l e. the statements contained in this affidavit are true"" Rorrect, and made with full knowledge that Monroe Cou elies upon the trut � e statements contained in this V) affidavit in awarding contracts' �)�D roject. 0. CL Date: / as STATE OF: ///// /////9////D///% �1l�lli COUNTY OF: U- i//lll/%llllllllll��lllllllllllllllllllll%l%/ � � Subscribe d savor �� „ °0n' ffirm�J''44/' fore me, by means of❑ physical presence or❑ online notariz , on_Wk� �9%% (date) ii by /' /////ii b,,.,,, (n e of affiant). He/She is personally known to me or has 0 produced hk, (type of identification) as identification. �� Ij as NOTARY PUBLI CID C My Commission Expires: 0 as E 52 Packet Pg. 2376 J.3.a DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: as U (Name of Business) as 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, CID possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workpl e, the business' policy of as maintaining adrug-free workplace, any available drug counselin ilitation, and employee CL �� abun employees for dru assistance programs, and the penalties that may be imposed g se � violations. 3. Give each employee engaged in providing the commoditie� / al services that are under °V) bid a copy of the statement specified in subsection (1). ///�� j�i . a 4. In the statement specified in subsection (1), notify the '' o� s that, a' � ndition of working on ,0 the commodities or contractual services that are un s i�;° hie employee 6�„f�' ide by the terms of a_s the statement and will notifythe employer of an viction of, or lea of of olo contendere U_ Y trolled g1Jllli�, � to, any violation of Chapter 893 (Florida Statu of any�� rolled substanc / the United States or an state, for a violation occurring i� th place 'n�ater than five (5 ys after such 0 Y g �� conviction. 5. Impose a sanction on, or require the satisfactory p�° ation in a drug abuse assistance or rehabilitation program if such is available in the em)loyee"��''�nmunity, or any employee who is so convicted. ""�il�� , G%% 6. Make a good faith effort to continue t � �1 � a drug-free v✓� through implementation of C this section. %// /� /// 0 111 % 1 f c CL As the person authorized to sign the statemenfif,I c � 'fm complies fully with the above requirements. �� 11/// Ir 0 ff///j I llllll/// ar / nature) i Date: IN STATE COIL of Subscribed a`11 orn to (or aff� I��ed) before me, by means of❑ physical presence or❑ online notarization, on� (date) as U_ by � �' (name of affiant). He/She is personally known to me or CID � has produced »� � (type of identification) as identification. 0 NOTARY PUBLIC My Commission Expires: as E 53 Packet Pg. 2377 J.3.a PUBLIC ENTITY CRIME STATEMENT "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 a contract 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 °b as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, CD and may not transact business with any public entity in excess of the threshold amount 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." as CL I have read the above and state that neither spchdent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 S. as ...'nature) ;' ` STATE OF: ///////// r, COUNTY OF: /////i, �� CL c Subscribed and sworn to(or affirmed)before me, me ��r� presence or❑online notarization, ci on .1 / %, (date) V) lll�r � (na I of affiant). He/She is personally known to me or by i 01 aCr s has produced �� pe of identification) as identification. W U- ��iiaiillll��IIIIIIIIIDI%�� ono ��, r NOTARY PUBLIC My Commission Expires: 0 E 54 Packet Pg. 2378 J.3.a LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) E CL as 2. Does the vendor have a physical business address located within Monr9u, from which the vendor operates or performs business on a day to day basis that is a su al component of the goods or services being offered to Monroe County? List Address: ��0/0%I!llOrraiat, �l/i/il R '�S Telephone Number: B. Does the vendor/prime Consultant intend to subcoA or m �f the goods, se ��es or construction to local businesses meeting the criteria above '��l,Aw ing`"'And location? If yes, please provide: � 1. Copy of Receipt of the business tax paid till' onroe County Tv lector by the subConsultant 1/11, 0,dated at least one year prior to the notice or r id or proposa c �� CL 0 2. SubConsultant Address within Monroe Count or wh bCon Itant operates: cL Telephone Number Cr C U- //l//lllllllll��llllllllllllllllllllDllll////////////l////// U- (Signature) Date: STATE OF: as COUNTY OF: Subscribed and sworn f fifirmed)before me, by means of❑ physical presence or❑online notarization, 0 on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. as E NOTARY PUBLIC My Commission Expires: 55 Packet Pg. 2379 J.3.a MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless as For Other Contractors and Subcontractors The CONSULTANT covenants and agrees to indemnify and hold harmless Monroe County Board of County E Commissioners from any and all claims for bodily injury (including death), -° onal injury, and property CL °b damage (including property owned by Monroe County) and any other to s," mages, and expenses (including attorney's fees) which arise out of, in connection with, or by r on of services provided by the CONSULTANT or any of its Subcontractor(s)in any tier,occasioned b '' ce,errors,or other wrongful act of omission of the CONSULTANT or its Subcontractors in any .. hei �' =oyees, or agents. � ii� In the event the completion of the project(to include the work ��rs ��is delayedspended as a result 'o of the CONSULTANT's failure to purchase or maintain th /quires insurance, th'" NSULTANT shall LD U- indemnif the Count from an and all increased ex en resultin rom such delay. , 0� Y Y Y p g- The extent of liability is in no way limited to, reduced, or less d by liI�surance require Ents contained 0 elsewhere within this agreement. �� ; 7 0 o. nature) 0 STATE OF: ///// Cr COUNTY OF: CL m I yi/ilpwsm, Subscribed � �; �r affir efore me, ��, e ins of❑ physical presence or❑online notarization, 0/00 on i �� (date) i ' V) by /' �� (name of affiant). He/She is personally known to me or f o has produc � ��Ch� (type of identification) as identification. U as LL OIL A;1"-- NOTARY PUBLIC o 0 My Commission Expires: as E 56 Packet Pg. 2380 J.3.a VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: U) as Vendor FEIN: a� Vendor's Authorized Representative Name and Title: Address: City: State: Zip: E Phone Number: as Email Address: Section 287.135,Florida Statutes prohibits a company from bidding on, su I roposal for,or entering into or P renewing a contract for goods or services of any amount if, at the time o �ntractiJ�� enewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursua to ction 21 I' , Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statt Mj�lrohibits a L',, ny from bidding on, as submitting a proposal for,or entering into or renewing a contrac 'goods or services of S1,` �0 or more,that are M on either the Scrutinized Companies with Activities in Sudan or the Scr�}tinized Compame � cvities i vi n the Iran Petroleum Energy Sector Lists which were created pll/ o s. 21��9�' 3, Florida Statutes engaged in business operations in Cuba or Syria. / j � ��,�� 0 //l/111 As the person authorized to sign on behalf of Respondent, I hereby at the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Sc n�ail d Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of 0,000 or more isnod/ on either the Scr ttinized Companies with Activities in Sudan List, the Scr ttinized Co "' ith Activities in t Pe oleum Energy Sector List,or engaged in business operations in Cuba or S ria �� ;�� pursuant Y g Y J CL C I understand that ursuant to Section 287.1351 Flori,q Staff ubmission a false certification may subject company to civil penalties, attorney's fees, and/ cos I fit t any contract with the County may CL be terminated, at the option of th ty,if the compai�iM and to h , ��emitted a false certification or has been placed on the Scrutinized C �' t Boycott Isra , ist or enga d in a boycott of Israel or placed on the U) Scrutinized Companies w .'Activitie i Sudan List o �� e Scrutinized Companies with Activities in the Iran � Cr Petroleum Energy Sect %' , been ens d in business o� ations in Cuba or Syria. Certified By: kk. 0,M who is authorized to sign on behalf of the above referenced c �� U- Authorized Print Name/ Title: Note, � tare available at �'1lowin ment of Management Services Site: U) htt� %.mv florida.com/ - ess o e ions/state urchasin r/vendor information convicted suspended dis criminator aims vendor 1r' l to U- LD as E �s 57 Packet Pg. 2381 J.3.a SECTION FOUR: INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after ?- award of contract, with Monroe County BOCC and the municipalities listed as additional � insureds as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of E L- process in the State of Florida. Companies shall have an A.M. Best ra f VI or better, the 0. as required insurance shall be maintained at all times while Proposer i ovic Ing service to County. Insurance Requirement Required Limit 2 General Liability $300,000 Combined Single Limit as Vehicle Liability ■ $300 0 / r orse �� llJ/ ■ $200:000 pry damage Professional Liability 00 per occur � p � o �l/ll/j■ 1" 50/, regate Watercraft Liability $500 � er occurrence f U) Worker's Compens n 101 Cr / �� ■ $100, bodily Injury by Accident r 500/0ts CL 00 Bodily Injury by Disease, ealch employee icy I ��%IIIIIIIIII��IIIIIIIIIIIIIIIIIIIIIIIIII�� O////////�� Y Injury Y Jones t: Recognizi�1JJ 'r�, the ovprned by this Agreement involves Maritime Operations (not to b fated with Lone" remert �� urance), the CONSULTANT'S Workers' Compensation Insuranc`°' a cy shall inclu over for claims subject to the Federal Jones Act (46 U.S.C.A. subsection with limits n ess than $1 million. The CONSULTANT shall be permitted to provide Jones Act Co / e through fseparate Protection and Indemnity Policy, insofar as the coverage provided is no le trictiv an would have been provided by a Workers' Compensation policy. � ,, 0 The Monroe County Bd of County Commissioners shall be named as Additional Insured and 0 as a Loss Payee on a '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. E 58 Packet Pg. 2382 J.3.b MONROE COUNTY REQUEST FOR PROPOSALS FORE Mooring Field Design and Permitti �� rvices in Monroe CountLD �� CD CL CL �1111J11)J1/�i i, ��1 w �y If a "�N"",d 1111111 y 6� Cr � as %lAo ��ffffl� °000%ooi CL CL OF COUNTY COMMISSIONERS Mayor Craig Cates, District 1 - Mayor Pro Tem Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 0 James K. Scholl, District 3 David Rice, District 4 E DEADLINE FOR PROPOSALS: MARCH XX, 2023 3:00 P.M. Packet Pg. 2383 J.3.b NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on WEEKDAY, March XX, 2023, at 3:00 P.M., the Monroe County °' Purchasing Office will receive and open sealed responses for the following: Mooring Field Design and Permitting Services in Monroe County CL Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com,a searchable Statewide repository for all publishe �l notices. Requirements for submission and the selection criteria may be requested from Deman r at ww.demandstar.com U) OR www.monroecounty-fl.gov/bids. The Public Record is available upo St. Monroe County Purchasing Department receives bids electronically. P111 e do n 'I or attempt to deliver 11- in person an sealed bids.Mailed/physicallydelivered bids/ ro o (�,�� es nses X11 Uf OT be accepted. p y p p � � 1�� 1 p 0 Y g p Y / �F ,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,OINIB c { „y l� , March that 023�Please submit onfident al The Monroe Count Purchasing Department hereby dire BI11"� ��unonar o��.o� nt lVa o� no later than 3:00 P.M.o , mi 0 y �4 1` fmanciai information m a SEPARATE EMAIL from our b'�" � re „o,documents. Y �r subject line � on both emails must read as follows: iiiii GG/// j U) Mooring Field Design and Permit ces in Monro %� U� t,�,,RFQ 03/xx/2023 CL Files that do not contain this subject line WILL BE JEIC se no that the maximum file size that �� will be accepted by email is 25MB. Please plan acco�'in �'to a &your bid is not rejected due to Cr the file size. Should your bid exceed 25M advance the bid opening,please email: omb- � purchasing a)monroecount v so �v mmodations��-1/1 delivery of your bid can be made prior to the — bid opening. Please be a that it is � bidder's solkp es onsibilit to ensure delivery of their bid and p g J' (Q" p Y n CL �/ 0 waiting until the bid opening t �ss your bimission delivery will result in your bid being to CL The bid openi or t i �°'°9 tion 11 held virtually,via the internet, at 3:00 P.M., on March XX,2023. You may c by phone or `' et use e Blowing: ,T in Zoom Meeting 'ps://mcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 AlOne tap mobile: 2 as J 6465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: 0 +1 646 518 9805 US (New York) c +1 669 900 6833 US (San Jose) Publication Dates: Key West Citizen: Keys Weekly: M News Barometer: 2 Packet Pg. 2384 J.3.b TABLE OF CONTENTS SECTION 1: INSTRUCTION TO RESPONDENTS 1.01 Project Description 1.02 Project Location 1.03 Project History L_ E 1.04 Scope of Work: Boca Chica Mooring Field CL 1.05 Scope of Work: Man of War Harbor Mooring Field 1.06 Requests for Additional Information or Clarification 1.07 PROPOSAL SUBMISSION REQUIREMENTS 1.08 FORMAT OF RESPONSE �j// 1.09 Disqualification of Proposer 1.10 Examination of RFP Documents 1.11 Preparation of Responses /O/000,,, ��j 1.12 Modification of Responses �� c 1.13 Responsibility for Response 1.14 Copies of Requests for Proposals Docme �� , 1.15 Receipt and Opening of Responses 1.16 Response Evaluation and Selection Process �� 0 1.17 Award of Contract °% ��j c 1.18 Certificates of Insurance CL SECTION 2: DRAFT CONTRACT Cr SECTION 3: COUNTY F SECTION 4: INSURAA, QUI MENTS �� lrrr //D00000 APPENDICES: y CL CL 1. Monro ��, g Fif�f� asibilit dy (2014)by Coastal Systems International, Inc. L 2. Mo County Bo� ca M� F Id Feasibility Study (2017)by Coastal Systems I oval, Inc. � � ' 3. Boca i, Mooring Fie r once , al Permit Documents (2020)by Coastal Systems InternatidT 11 nc. 4. Monroe Co �� ' ey Wes ooring Field Preliminary Feasibility Study (2022)by Metric c Engineering, I 0 0 E 3 Packet Pg. 2385 J.3.b SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 PROJECT DESCRIPTION The Monroe County Marine Resources Office is seeking a consulting engineering firm with experience in the planning, design and environmental permitting of managed mooring fields in E Florida to permit two separate mooring fields in the Key West/ Stock Island area. Mooring fields provide a safe, managed alternative for the local liveaboard community as well as reducing the negative impacts of crowded anchorages such as resource damage frabandoned and derelict vessels and inappropriate ground tackle, as well as illegal discharge " as , The consultant shall complete the scope of services that may include marine biology cture surveying, structural (D engineering, geotechnical engineering, coastal engineering, a vi Peering. � Ideally, the selected firm will manage two mooring fief i ing prof one in Boca Chica Basin, Stock Island and one in Man of War Harbor, es West°° 0 j ull°lll �j 1.02 PROJECT LOCATIONS �P� 0 Cr � R 4t a i , Figure 1. hica Basin ring Field Location. Project area outlined in yellow. Ilk, U LD ° 0 0 E 4 Packet Pg. 2386 J.3.b V) as l U) r as CL 4` � as - D „r,µ qb a� LL � CD d Arrr 0 w� 0 Legend 0 .» ro •tauswwavd srr�Vu+e�.r„ ,� ¢m; ,w" � ,�,e i. � I% �; 6� pa rye raa s� t V) =A1,1 L-SELECTED b �, � � � A � �� CL DDVIVIUJ aurww X //f'i t m' p ✓" 0 Aawm a y, A LL ' ro li Figure 2. Man of War Harbor Mooring Fie � ��Lo ��j/ j ect area Di ghted in yellow. 1.03 PROJECT HIS TOCr Monroe County Boa f Cou l Pommission� (BOCC) and the Florida Fish and Wildlife Conservation Co m i �� (FW ;have long r ' ized that unmanaged anchorages with C historically high number' "', he waters rrounding Key West and Stock Island are to significant so aband �an�� els. Monroe County has the greatest number of derelict v (I e a " m which uses environmental damage, creates navigational l ,,,,�J,,,,,✓ i g g CL hazard i d costs tax over 009 a year. � Monroe has pursue tallin -' mooring field in the Boca Chica Basin for many years. In 2014 Coas11 stems Int tional conducted a Feasibility Study to evaluate siting and development o � ew moo g field (or fields) in the Florida Keys (Appendix 1). The Study t0 examined the ex ° un `aged anchorages at Jewfish Creek, Buttonwood Sound and Boca Chica Basin. FollowStudy, the BOCC directed staff to pursue permitting a mooring field U_ at Buttonwood Sound � e highest-ranked location. However, permitting a mooring field at this site was abandoned iri 2014 after significant community resistance and difficulty in acquiring a shoreside access site arose. The BOCC directed staff to pursue permitting a mooring field in Boca 0 Chica Basin instead. The County hired Coastal Systems International to conduct a Detailed Feasibility Study in 2016 (Appendix 2) and again in 2020 to pursue Conceptual Permitting for the Boca Chica mooring field(Appendix 3).Ultimately,the County was unable to continue permitting a mooring field at that time due to the lack of a suitable location for shoreside access and facilities. However, significant work was completed for this project, including: mooring system design, E � P P J � g� g Y �� mooring field and navigational channel design, environmental permit sketches, draft mooring field 5 Packet Pg. 2387 J.3.b management plan and draft sovereign submerged land lease drawings (Appendix 3). In early 2022, Monroe County acquired a 22,500 square foot property with approximately 150 feet of seawall on the west side of Boca Chica Basin along Maloney Avenue, Stock Island.Now that Monroe County � owns a site to provide upland access and shoreside services,the County is ready to hire a consultant to pursue permits from Florida Department of Environmental Protection (DEP), United States Army Corps of Engineers (USAGE), and the Florida Keys National Marine Sanctuary (FKNMS) E for a mooring field in Boca Chica Basin. CL In July 2021, Senate Bill 1086/327.4108(3)(a) F.S. designated Monro ounty as an "anchoring limitation area" as a means of addressing long-term anchoring iss � °��aters throughout the Florida Keys. This legislation included a requirement that 250 ne blic mooring balls be placed within one mile of the Key West Bight City Dock and 50 additi � mgs be placed within the existing Key West Garrison Bight Mooring Field, to ensur 'at an ' ative for the existing LD liveaboard community in this area was available prior � �� menting; -day time limit for C vessels anchored in waters throughout the Florida Ke �� i , rri"r° c In November 2021,data collected by staff of they ey WeVlonroe Coun ��the Florida Fish and Wildlife Conservation Commission found tha ;� 1 � copied liveabo , d vessels were anchored in the vicinity of the Key West Bight City Dock. ,,,,O�emaining vessels were either being stored and/or already in derelict conditi� Therefore it wal .ermined that 300 new moorings CL would exceed the needs of the existing �''I rd commumt ". his area. In addition it was oj � CL determined that installing 300 new moon feasible du sufficient suitable space. c This would create significant state and fede ,,reg rdles ely resulting in the inability to implement the 90-day anchoring time limit':'// s sul '% fis (House Bill 1065/Senate Bill Cr 1432/327.4108 3 a F.S.( )O ' ,,;�''f roved durin�� e 2022 ses'ion of the Florida Legislature which as amended the number quire moorings 300 to"at least 100"to ensure the successful a implementation of ay anc ing time lime CL CL Vig, 0 The BOCC ap r ed Res o� ��, ,�j 7anuary 21st meeting, directing staff to begin the necess �� Yl/ �� rd a� ng an ditmg the implementation of at least 100 new moorin �aud to p ' ith �� ity of Key West to accomplish this goal and associated man nt of this loc;; l� onro �4'ty hired Metric Engineering in early 2022 to complete a Feasi tudy to a-qui elimi site-specific data to assist in evaluating and determining the best lo for the req d 10 moorings. Metric Engineering also conducted a shoreside facility analys '°°' e Key W � Bight Marina,the intended shoreside access and service location. 0 Metric Engineers esente the results of their study at the September 2022 BOCC meeting. The U BOCC directed sd �� P rsue permitting a mooring field in the highest-ranked location as surrounding Wisteria id in Man of War Harbor. 1.04 SCOPE OF WORK: BOCA CHICA MOORING FIELD 0 Task 1 —Permitting-level surveys/ mapping Note: permitting-level hydrographic surveys for the proposed Boca Chica mooring field site have been completed and will be provided to the selected respondent(s). as E 6 Packet Pg. 2388 J.3.b a. Conduct a benthic resource survey of the location east of Stock Island as indicated in Figure 1 ("Project Area") in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. Deliverables: Benthic resource survey in PDP, GIS and AutoCAD formats for future use by the County. E as b. Conduct a marine debris and derelict vessel survey of the Project Area for use as potential mitigation information for State and Federal agencies th jurisdiction on the project. ° Deliverables: Marine debris and derelict vessel surve ;p � nd GISformats for future use by the County. //// LD %///////// CD Task 2—Engineering/Design Work / / iiii«- //////�rl, Note. permitting-level mooring field drawings for site havq been complete" w l be c provided to the selected respondent(s). f r�r a. Prepare conceptual layout of shoreside and uplan ort facilities located at currently undeveloped waterfront County �� erty including: � ��'fig, restrooms, shower facilities, CL dockmaster office dinghy dockag � �� umpout vesse�lll'" ag�� cL / �//////00///O/// F/ ll ///o/%io,,, >>f Deliverables: Conceptual layout dr ings °�o ide an,�pland support facilities U) with su icient detailf h� o g.��' l�' itting in PDP, CAD, and GIS q�i�� rm l Cr for /f uture use by County. as r ,, b. Prepare pro] % inion onstruction c �It e timate for mooring field support CL facilities. De �llJ llllG i n �, cost es" or upland support facilities. li f ffstru CL Tas] ooring fiel G d genre �llr, lr. � Note A MFMP for th' to has en completed and will be provided to the selected respondent' /// Prepare a Moorin� Id M 'gement Plan (MFMP) for submission to DEP. The MFMP will U , include all informat red by DEP. The consultant will submit a draft MFMP to the County as for review and comme 'rior to submission to DER. _ Deliverables: Mooring field management plan. 0 Task 4—Environmental Permitting a. Schedule and conduct pre-application meetings with agencies with jurisdiction including: Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife 0 Division of Law Enforcement Boating and Waterways Section (FWC), Florida Keys 7 Packet Pg. 2389 J.3.b National Marine Sanctuary (FKNMS), United States Army Corps of Engineers (USAGE) and United States Coast Guard(USCG). Determine if additional permitting-level surveys/mapping will be required. co Deliverables: Summary memo of each pre-application meeting including any agency comments. E as b. Update permit drawings as necessary following pre-application meetings. Deliverables: Updated permit drawings as necessary. RoP c. Prepare and submit environmental permit applications �SACE and FKNMS. Deliverables: Copy of submitted permit applicat' iooin 'DF fore � 0d. Prepare and submit Sovereignty Submerge dlease,,",� SSL) request Jvision of State Lands. Deliverables: Copy of suhmitte SSL application a format. 0 e. Prepare and submit Uniform Wate , ; ker Applicat, ,,; C and Private Aids to Navigation Application to US Coasts uar�01,11,/ , �F/",", as Cr r r�°o� �i � Deliverables: Co " itted permi" Vll ataons �PDF format. f. Conduct Red r Addi al Informati (RAI) cycle and expedite permitting process / JJlllllCL ��rcrrr 0 on behalf of the `'�� U Dlllllll / ��j y ,, �. CL a el r . se by consultant to agency RAI. CL 1.05,. PE OF WO A AR HARBOR MOORING FIELD Task 1 —Pe� ng-level s eys/ mapping c. Conduct ak, gra tc survey of the two locations east and west of Wisteria Island G indicated in °� '/'/� ("Project Area") in accordance with permitting guidelines of State Z and Federal ag cies with jurisdiction on the project. 0 Deliverables: Survey drawing signed and sealed by a Florida Professional Surveyor and c Mapper in PDF, GIS and AutoCAD formats for future use by the County. d. Conduct a benthic resource survey of the Project Area in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. as E 8 Packet Pg. 2390 J.3.b Deliverables: Benthic resource survey in PDF, GIS and AutoCAD formats for future use by the County. as e. Conduct a marine debris and derelict vessel survey of the Project Area for use as potential mitigation information for State and Federal agencies with jurisdiction on the proj ect. E CL as Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for future use by the County. f. Complete submerged lands lease (SSL) drawings for Projrea as required by the DEP Division of State Lands. „f � as Deliverables: SSL permit drawings in PDF, GISA'�%nCAD �� s for future use by " ,,,, �f the County. c Task 2 —Engineering/Design Work �o��, � c a. Prepare a layout of a 100-vessel mooring field basN programming provided by County, vessels currently anchor 'n the Project Ar field data collected in Task 1. CL Optimize mooring field layout to " e vessel in ��' ens ty with swing circles, fairways, and access areas from na�l 1 rways. Pre „ ll ncepts for various combinations of vessels within the c ; trai el dra 'and length. Design shall include survey information mooring d its", �;,..des proposed submerged lands Cr area, mooring an '°'�� ' ` inates, boun'�' marker or coordinates/limits and mooring field ;"oach ' ss/egress) c� nnels and markers. Consult with County to _ determine J J ut of ring field. 0 1�� Delivera S.- Mo o ' F, CAD, and GIS formats for future use by ///l//lllllllllfllllDllll//1ii� CL %N ,miff b lizing the fina t of L 111 f, kJring field (Task 2a), calculate the geometry for 1 � ual mooring ems, i udmg the helical anchor, down-line, sub-surface buoy, in buoys and p ant will be designed accordingly. Anchoring calculations will be compl� evaluatin e process loads based on vessel size wind, water depths and 0 G�� currents. / Deliverables (t eJsigned/sealed as applicable): Mooring system design drawings in �+u DF and CAD formats (as applicable). 0 0 Task 3 —Mooring field management plan U_ Prepare a MFMP for submission to DEP. The MFMP will include all information required by DEP. The MFMP will include coordination with the City of Key West for the use of their shoreside and upland facilities including (but not limited to): dinghy dockage,pumpout vessel as E 9 Packet Pg. 2391 J.3.b dockage,pumpout facility, trash receptacles/recycling, etc. The consultant will submit a draft U) MFMP to the County for review and comment prior to submission to DEP. as Deliverables: Mooring field management plan. Task 4—Environmental Permitting E L_ as CL g. Schedule and conduct pre-application meetings with agencies with jurisdiction including: DEP, FWC, FKNMS, USACE and USCG. j0////0000a,gao, Deliverables: Summary memo of each pre-application in including any agency as comments. �1�,,,, h. Update permit drawings as necessary following p h i ation nT�� S. � �f c Deliverables: Updated permit drawings as cessary. 0 Im i. Prepare and submit environmental permit apple , s 1°P, USACE a FKNMS. U) �o U) Deliverables: Copy of suhmittedll! rmit application�� /W F format. CL 01 j. Prepare and submit SSL request to Ion of State Deliverables: Copya!��hmitted SSL taon a ;� format. Cr k. Prepare and s , it Unifo Waterway 1 � ker Application to FWC and Private Aids to Navigation 11 on to Coast Guard' C Deli �' 4 opy o �/ itte ��pplications in PDFformat. L" induct Reques ddit rmation (RAI) cycle and expedite permitting process alf of the Co � DeliveN, - : Timely sponse by consultant to agency RAI. 0 1.05 REQUIRE The qualified firm(s)will offer qualifications and demonstrated experience in planning, designing, and permitting managed mooring fields of similar size and scope in Florida. The firm(s)will have c relevant experience in marine resource mapping in the Florida Keys with qualified biologists, as well as hydrographic (bathymetric) surveys. The firm(s)will have a Florida-licensed Professional `_ Engineer with experience in planning and designing managed mooring fields and shoreside/upland services. The firm(s) will work collectively with the Marine Resources Office and other representatives of County departments to complete the scope of work. E U 10 Packet Pg. 2392 J.3.b 1.06 REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION Requests for additional information or clarification relating to the specifications of this Request as for Proposals shall be submitted in writing via email to: Burtner-BrittanyC&MonroeCounty- FL.gov. Include the RFP number,page, and paragraph number for each question. E L_ All requests for additional information must be received no later than 3:00 PM,March XX,2023. as CL Any requests received after that date and time will not be answered. If an answer is issued, an addendum to the RFP will be issued shortly thereafter and distributed allinterested proposers, responding with the County's best ability to answer all questions...,,, re uests will not be answered. All addenda are a part of the contract documents and each Pro er wil ��r and by such addenda, as , whether or not received b him/her. It is the res onsibil' e h Prop( o verify that he/she y p D1/// ,,, ��//G% has received all addenda issued before responses are � ed. °0 1.07 PROPOSAL SUBMISSION REQUIR A. Delivery of Proposals a All proposals must be delivered by 3: l, ST on DATE TBD(``rid Opening")and in CL L_ accordance with the Notice of Com etitive' BOCC WILL NOT accept any proposals r , eiv � � and time shown above, or � delivered to a location other than ��BIDS@�roecounty-fl.gov. Crss ' " !`Re uirements fo � missio ° Pro owls i"es onse to This RFP: � i. An electronic co the osal must be ' hed to an e-mail and sent by the t0 deadline stated abov � � address: OMB-BIDS(&monroecounty- U_ y �1�% ��ll p cL ii. n confiden anci e submitted submit them in a se arate email from the U_ ��ff of the propos311J // %o, iii. Pl, O NOT mai1lJ��ll� att o mail or deliver in person any hard copy sealed bids or pr� Is. Mailed/ ivered bids/proposals/responses will not be considered. U) iv. The subj �� l e on a -mails must read as follows: Mooring Field Design and Permitting is n Monroe County RFP 03/xx/2023. Any emails that do not contain this w, g in the subject line will be rejected. E v. The maximum file size that will be accepted by e-mail is 25 MB. Should your proposal documents exceed 25 MB,please e-mail: 0MB-PURCHASING(&_,monroecoun1y- 0 fl.gov for instructions. vi. Proposals will be opened publicly in a manner to avoid public disclosure of contents; only names of the Proposers will be read aloud. vii. BOCC's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No E U 11 Packet Pg. 2393 J.3.b responsibility will be attached to anyone for the premature opening of a response not U) properly addressed and identified. viii. Unless by specific invitation, evaluation committee members, BOCC elected officials U) and County staff(except the Purchasing Staff Contact and the person listed to respond to questions in this RFP) are not to be contacted prior to the BOCC's decision to approve or reject the recommendation presented to it by the evaluation L_ committee. Failure to comply with this requirement may be grounds for 0. disqualification. Specifically, this NO-CONTACT PERIOD shall commence on the initial date of posting of the Request for Proposals and continu N' ough and include the date the BOCC makes its determination to approve or re the final recommendations. ED, ,, ix. Proposers and any members of the public may call in� 'phori Internet to attend the Z of bid opening. Information regarding the Zoom roo 1 a ,,,,, ill be a Uiaf/ r the bid �F opening is contained in the Notice of Competit o nation, at tht of this 0 RFP. �� ' ` c x. A subsequent addendum will be publishe'"o �'' andA and will cover�� rmation 0 l regarding the Selection Committee Meeting an ,, elfd that meetin virtually. _� B. Governing Laws and Regulations The Proposer is required to be familiar be responsib" �»��omplymg with all federal, state, and local laws, ordinance les �� ulations�t in any manner affect the work, RFP, and/or the scope of servic' by i such laws including but not limited to occupati ense require and o g such licenses, are the Cr responsibility of the �i J I� 0 C. Projected Tim to ��// / ��lp� � The followin ro ecte� �ll �l r oIJ d as a working guide for planning ty purpos �,�� "l rves of ht t o f is timetable as required during the course of the ocess��1�J////� CL Sol, Date RF - ed MONTH DAY, 2023 /,� �� U) Dead 1 � � submittal questions MONTH DAY, 2023 by 3:00 PM Deadline 4%suancee, Addenda MONTH DAY, 2023 by 3:00 PM U Proposals Dfff ,Jl, MONTH DAY, 2023 by 3:00 PM E D. All submissions in i t remain valid for a period of one hundred and twenty (120)days from the date of the deadline for submission indicated above. The Board will automatically reject the 0 response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute U_ (1997). The Board reserves the right to reject any or all responses,to waive informalities in the responses and to re-advertise for qualifications. The Board also reserves the right to separately accept or reject any item or items of a response and to award and/or negotiate a contract in the a best interest of the County. 12 Packet Pg. 2394 J.3.b E. The County reserves the right to reject any and all responses and to waive technical errors and U) irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions (D not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. E L- as CL 1.08 FORMAT OF RESPONSE The response, at a minimum, shall include the following: i�0��Ro U) �a A. Tabbed Sections as Tab 1. Cover Letter and Executive Summary The cover letter shall contain the Propose am e, address, telephone b r, and the c name of the Proposer's contact person(s).,0 °� mtrod�0�° the company i 'cling a brief o �or� overview of the firm's history, the corporate e, i° s and telep ne number of U) corporate headquarters and the local office, rim of years in business, names of U) principals and number of employ �r Indicate the State in which Propose i � orated or o ed. If other than Florida, include evidence of authorization tjj o bu Flora Include a reproduction of Corporate Charter Re istration, if app P ab Cr Identify the r p y pe responsible, or this proposal. Briefly state the Proposer's understandss e wor be done an 1�1 a e a positive commitment to perform andCL complete the se �0i Thi er must be s ed by an individual authorized to bind the to r / /io U- firm. Fai e to mee �� I esult in disqualification. ��iiaii��llllllllllllll1l� /oo � Proposer �� rove �� arrative of the firm s qualifications and capabilities that U- �' �� onstrates how//i firm irk with the County to fulfill the requirements of this !fie " o......iiiii of Tab 2 evant Ex fence 0 The Propose 1 ovide a project history of the firm or organization demonstrating experience wit ; ivices that are similar in scope and size to the requested services. - The Proposer all provide a list of past projects indicating the following: 0 0 • Name and full address of the referenced project client • Name and telephone number of client contact for referenced project U- • Date of initiation and completion of contract • Summary of the project and services as E 13 Packet Pg. 2395 J.3.b Identify members of the project team and their anticipated roles for this project and provide a summary of their previous experience. Include staff, as well as sub-consultants that will have key roles in the team organization chart. Provide concise, yet detailed, resumes for key team members. Provide information regarding areas of specialization, and any other pertinent information in such a way to reasonably evaluate the firm's stability, strengths, and experience level. Make a statement of commitment that the team will remain E committed to the project until completion. CL Tab 3. Quality of Past Performance on Similar Projects Rol In this section, Proposer shall include at least two letters erence from a former client referenced in Tab 2 which describes the services per erf, the client's satisfaction 'G with the services provided. Letters of reference are pr ed, h ,,/ er if the client desires Z to include firm surveys completed by clients, the,,, consid' etters of reference from a government(public entity) client are pr rred. � Reference information must describe the and in de ro•ect bud rovide also � �G� l project g f the name address position, e-mail addressl��,o, p one number A f the project U) coordinator. A reference contact person must be s one who has personal knowledge of U) the Proposer's performance for specific require iii,00�� fisted. The contact person must CL ��o�o, „/%„ 0 have been informed that they are ed as a refer en° d that the County may check references. 111 Tab 4. Project ApproachCr Describe the fi �cap a i� es and apprd" h toward this Project, including your proposed work progr �� dine QC procedur an any other activities that will be necessary � ��Illl�llllllrf U to complete the s � of w U Il �i� t �� y p g a" 1 �� d act � schedu e � an innovative methods or concepts that might Inc i� ��1 ii � articularl ' 1 to ai plish this Project. U_ /ii • l Nore a statement cknogement that the consultant understands this Project and /ii �ll� its s of work and als. Tab 5. cati and Accomplishments of Consultant, Sub consultants, and U Project Maid" �W _ The Proposer all describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in 0 the firm. if the Proposer is anything other than an individual or sole proprietorship, the Proposer shall include a list of the proposed staff that will perform the work required and identify all sub-Consultants that will be used,if awarded this contract. The Proposer shall also describe a E 14 Packet Pg. 2396 J.3.b the qualifications for each employee on the project team and identify his/her role on the team. as Tab 6. Other Information a) Local Familiarity: Describe your firm's familiarity with vessel anchoring issues in E Monroe County and the nearshore benthic communities found in the Florida Keys. b)Provide a description of your firm's understanding of the req sted Scope of Work. j%//Oioiooa r„, c)Describe the firm's relevant completed projects for clie n the United States, Florida, %o,,, in the Southeast region of the United States and for s ,111ocal government clients, particularly in Monroe County. as d) Describe any additional value added ben , �yr firm/ orga �' on can offer the County of Monroe County not enumerated • °the scope of work, subrrmi l requirement 0 responses or evaluation criteria. // f %��%o, e Proposer shall provide an additional ro•ect e �e that will give an indication of P P Y P J g U) the Proposer's overall abilities. CL CL f) If the Proposer will require any ",� ��;; r, ation from°��° ' runty not included in this �r � Request for Proposal or require ' in ty any formation in a particular computerized format in order to carry�t t , c ices in Exhibit A the Proposer � Cr shall also include est in this s �' i.e. Ta g)If the Pro tj annot f comply with/ y of the terms contained in the draft contract, CL shown in Sectio all th ""'� s must be spelled out in this section i.e. t0 viations to in Tab 6. ,� /�� Pj �!fir',.' tion'' pg Local Preference tix o �e in this sects a loon of the main office, the location of the office proposed to v on this proje " nd a discussion of the following as it pertains to your proposal U) The ev *on criteri ncludes evaluation points which recognize a preference for "local businesse ��' ludin ut not limited to, response time, experience in complying with or applying loc f`° ons, local references, employment of local residents, and familiarity as with the local et. A local preference may be assigned as follows: 0 Individuals or firms which meet all of the criteria for a local business as set forth in this c section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. `- Any proposer claiming a local preference as defined in Monroe County Ordinance 023-2009 must complete the Local Preference Form and attach to the Proposal. 15 Packet Pg. 2397 J.3.b Tab 8. Cost Proposal and Project Schedule Provide a lump sum price for each task listed in Section 1, inclusive of reimbursable as expenses. The Proposer shall set forth a schedule for project completion which includes a work plan and scope of work, clearly identifying the tasks to be completed, the amount of time to complete, and approach to work. The work plan should also include any necessary E meetings with employees, commissioners, and the public. The Quote Sheet shall include a total, which shall be an all-inclusive fee to be paid to the proposer. P All costs to be paid to the Proposer shall be included. No a ( costs or fees will be paid including but not limited to travel costs per die lephone charges, facsimile charges and postage charges. In addition to the quote s gor the Scope of Services outlined in this RFP, the Proposer may choose to sug t addi services and submit a L quote for those services. Such additional services ne plaineJ e Quote Sheet. The Count may or may not choose to hire the Pro 0r�oi��the addition°a ,,,, ��r ices. a Y Y Y 0 Tab 9. Litigation In accordance with Section 2-347(h) of the MO: County Code, please provide the ,,,, /G j following information: �i��i C (1) A list of the person's ore 1 hareholders w�� °e ) percent or more of theCL stock or, if a general partnership, �) I general pa �� or, if a limited liability �, company, a list of its members; or, if �.soleD ropri rship,names(s) of owner(s); (2) A list of the officers and direct o e e , �lll Cr (3) The numb s the person ��entity has een operating and, if different, the number of yea has b roviding th ervices, goods, or construction services called for in the bi °'' �i�cation nclude a list �� si filar projects); CL (4) The num �� ye �� e erson or has operated under its present name and U any prior mes; �� D the"""� wing que s regarding claims and suits: a fihe perso ipalsts or any entity previously owned operated or directed by �i, oio �U e of its officers, r shad rs or directors, ever failed to complete work or provide t , hods for which�� as con cted? If yes,provide details; b. Are any judgm s, claims, arbitration proceeding or suits pending or outstanding agams erson, h cipal of the entity, or entity, or any entity previously owned, operated �� ected � " any of its officers, directors, or general partners? If yes, provide U details; ,Jll D c. Has the persoM Incipal of the entity, entity, or any entity previously owned, operated or CD directed by an of its officers,major shareholders or directors,within the last five(5)years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, 0 goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; U_ d. Has the person,principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to a provide services, goods or construction services? If yes,provide details; M 16 Packet Pg. 2398 J.3.b e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, U) controlling shareholder or major creditor of the person or entity was an officer, director, general partner,principal, controlling shareholder or major creditor of any other entity that � failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references (minimum of three), including name, current address and current telephone number; CL g. Credit References (minimum of three), including name, current address and current telephone number; and h. Financial statements for the prior three years for the respond � ty or for any entity that is a subsidiary to the responding entity. ��j Z Tab 10. County Forms �j� U_ „� f�lro, Proposer shall complete and execute the form/ ecified below and din Section 3 in this RFP, as well as copies of all busi licenses,,,and receipts fo - ne, tax and c shall include them in this section: ��lG Forms • Submission Response Form c • Lobbying and ict of Interest E ��Clause CL • Non-Collusion A, " ��'' ci • Drug Free Workp " e/fi • Public Entity Crim tate � • Vendor Certification�eg ng �r�r '' 'fed Companies List 1.09 DISQUALIFI Jrr� Failure to complete all of en luding but n imited to the immediately below-specified to forms, in every ail and s ��; 1 p /f esponse may result in immediate LL LL / %' disqualific �,, eSpo" CL CL A� �' BBYING AN ° ° NFL -/ "INTEREST CLAUSE: Any person submitting a p al in respons l0 this in Lion must execute the enclosed Lobbying and Conflict of t Clause an bmit it with his/her proposal. Failure to complete this form in U) every �� and subm it with the proposal may result in immediate disqualification of 0 the ro o � ��'� P P � �� . " as B. NON-COLLU T AFFIDAVIT: Any person submitting a proposal in response to this invitation mus execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such 0 collusion shall be rejected,and no participants in such collusion will be considered in future bids for the same work. U_ C. DRUG-FREE WORKPLACE FORM: Any person submitting a proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit as E U 17 Packet Pg. 2399 J.3.b it with his/her proposal. Failure to complete this form in every detail and submit it the proposal may result in immediate disqualification of the proposal. as D. PUBLIC ENTITY CRIME: Any person submitting a proposal in response to this invitation must execute the enclosed Public Entity Crime Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public E entity crime may not, inter alia, submit a proposal on a contract to provide any goods or 0 services to a public entity. E. VENDOR CERTIFICATION REGARDING SCRUTINIZE ANIES LIST: Any person submitting a bid or proposal in response to this co itive solicitation must execute the enclosed VENDOR CERTIFICATION RE �G SCRUTINIZED COMPANIES LISTS and submit it with the bid or pr sal. i `" to complete this Z o„ / form in every detail and submit it with the bid or os�� may re I J the immediate � disqualification of the bid or proposal. 0� 1.10 EXAMINATION OF RFP DOCUMEN 0 �i A. Each Respondent shall carefully examine the st for Proposals (RFP) and other contract documents and inform h, elf/herself thorou' 'v regarding any and all conditions CL ikn , 0 and requirements that may in any affect cost,pr or performance of the work �to be performed under the contract. n the part Proposer will in no wa relieve him/her of the obli ations al/idres �' ties as, , 'med under the contract. io l// Cr B. Should a Respo 1, discrepant 1 or ambi sties in or omissions from the specifications, shoul (�-- e in doubt to their meaning, he shall at once notify the County. � j «lr 0 1.11 PREPA TION /1f Signatu lithe ProP he' er must sign the response forms in the space provided forCL �%��, air„ . ,,, �� the s' re. If the Pro�'� is an Ou" al, the words doing business as or "Sole Ow er' appear benea ch si ture. In the case of a partnership, the signature of at least one of the � '�jers must fol thefirm name and the words "Member of the Firm" should be U) written beneaq� h si natu Jf the Proposer is a corporation, the title of the officer signing the g p g g Response on be the c oration must be stated along with the Corporation Seal Stamp and to evidence of his autk°- sign the Response must be submitted. The Proposer shall state in the as response the name an 'dress of each person having an interest in the submitting entity. - a� 1.12 MODIFICATION OF RESPONSES 0 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals. 1.13 RESPONSIBILITY FOR RESPONSE 18 Packet Pg. 2400 J.3.b The Respondent is solely responsible for all costs of preparing and submitting the response, a regardless of whether a contract award is made by the County. as 1.14 COPIES OF REQUEST FOR PROPOSALS DOCUMENTS A. Only complete sets of Request for Proposals documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or 0 CL misinterpretations resulting from the use of incomplete sets. B. Complete sets of Request for Proposals documents may be obt ' ed in the manner and at the locations stated in the Notice of Request for Proposals. ��o �� as 1.15 RECEIPT AND OPENING OF RESPONSES �� U- Res onses will be received until the designated time an b �pubhcl !; ed and announced p g /�,"�� at the appointed time and place stated in the Notice i equ �'tt for Prop �1 onroe County's o„ 0 representative authorized to open the responses w' ecide w4en the specifie a leas arrived �9„ and no responses received thereafter will be c �� ° No pi onsibility wil I��attached to anyone for the premature opening of a response «� �'° ��e � , addressed , nd identified. Respondents or their authorized agents are invited to be p c 0 1.16 RESPONSE EVALUATION A % ECTION Plf� � SS rCL c f(��j/ A selection committee will be charged with e rev evalu , n of the submissions using U) in part the below criteria the committee will0� k r ej , yin a public meeting subsequent Cr to the date of opening. P ," s"�' hall be respible for w king for the announcement of the public meeting on the e my s ite. , CL CL I (r o r any or all �� onses, to waive informalities in any or all c The BOCC reserves the t Responses, to r ' Sue the ��,, nd to separately accept or reject any item or l 11 1 iii, � [`. items and j rUl�� r negja contra the best interest of the County. CL r CL Maximum Criteria Points 1 Letter and Ex ive S 'mma 5 2 vant Ex e ce 20 3 of Pas performance on Similar Projects 20 U 4 P� l P� p� �'h—Including proposed schedule and QA/QC 20 oce 5 Qualific ons of Consultant, Sub consultants, and project 15 mana e 6 Other: Professional familiarity with the biota of the Florida Keys 10 0 7 Local Preference 10 8 Cost 20 U- 9 Litigation 0 10 County Forms 0 TOTAL Points 120 E 19 Packet Pg. 2401 J.3.b 1.17 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services and to waive any as informality in any response, or to re-advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Proposer who has previously E failed to perform properly or to complete contracts of a similar nature on time. CL C. If the award of a contract is annulled, the County may awa the contract to another Respondent or the work may be re-advertised or may be ' d by other qualified personnel as the County decides. D. A contract will be awarded to the Respondent(s) dee to p rO the services which are in the best interest of the County, considering p u fication'sl e frame, and other factors deemed relevant. 0 E. The recommendation of staff shall be pr o the rd of County missions of Monroe County, Florida for final selection an , d �� Iract. U) 0 1.18 CERTIFICATES OF INSU �) E CL The Proposer will be responsible for all nec ance cover vindicated in Section Four. Certificates of Insurance must be provided tit on, ty prio approval of Contract, with Monroe Counly BOCC listed as additional) "' su 'won nce coverage (except Workers 0 Cr Compensation). The Consultant sha , d rode f and hold rmless the Count as outlined on the attached � � Y� ��Illlllr�lrrr y C form (in Section Three). �� JJJ��1 U °000ooiCL l � CD a 0 0 E 0 20 Packet Pg. 2402 J.3.b SECTION TWO: SAMPLE CONTRACT AGREEMENT FOR CONSULTING SERVICES FOR MOORING FIELD DESIGN AND PERMITTNG SERVICES IN MONROE COUNTY This Contract is made and entered into this day of by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of CL the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ("CO SULTANT"), whose address is U) as Section 1. Representations and Warranties and Term of of , LD 1.1 The CONSULTANT shall secure, maintain, and pay d all des, certifications, or other authorizations necessary to act as CONSU for the / until the CONSULTANT'S duties hereunder have been sfied. By signature here�� e„ 0 CONSULTANT warrants that it is authorized �� to eng' e in the perfor / of the activities herein described, subject to the terms an �r�" diti , ��t forth in this, greement 4- and its attached exhibits. Proof of such licenses and ar,l' rals shall be submitted to the M COUNTY upon request. The CONS TANT has, and amtain throughout the term of 0 this Contract, all appropriate licensee°� cations, or oth 1' rovals or authorizations required to conduct its business and h ,,, Bents that it 'a times conduct its business activities hereunder in a reputa� ma 1.2 The CONSULTANT ��'� are all docu ation re by by this Contract in such a Cr manner that it/they be °' te, coordin " d, and ad quate for use in verifying work completed and a ted cos A I d shall be inF nformity and comply with all applicable law(s), codes, and r ions. e CONSULT warrants that the documents prepared as c part of this Contract wi1'�111J rr �rn��, Hof ' ent to document costs in a manner that meets U- / 0i'l the CO 1, �sfacti � }�erefore eating any additional cost due to missing or c� inco ' inform ] l � cL LL 1.3 e SULTANT a es ful� ponsibility to the extent allowed by law with regard to its per %, nce and wit hi and t those directly under its employ or authority. 0 1.4 The CONS��NT'S t s shall be performed as expeditiously as is consistent with the to professional ski and the orderly progress of tasks assigned by the COUNTY. In lll�' performing the wo' quired under this Contract, the CONSULTANT shall abide by all CD statutes, ordinanc ;rules, and regulations pertaining to, or regulating the provisions, of such a� tasks and activities, including those now in effect and hereafter adopted. Any violation of 0 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 U- CONSULTANT. 1.5 At all times and for all purposes under this Contract the CONSULTANT is an independent a 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, 21 Packet Pg. 2403 J.3.b 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, E color, national origin, sex, age, or any other characteristic or aspect which is not job related, 0. in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services under this Con - ct. 1.7 The effective date of this Contract shall be the last day on wh' t is signed by both of the parties. 1.8 Term of Contract. The term of the Contract shall be ,(2 ea mencing on this Contract's legal effective date and ending two yea fter That date (up t6l including the last date of such period unless such day is a Sa ay, Sunay, or legal hog invhich case the last legally effective day of the Cont 1 be 7// /ext� da which i� �� a g Y YySaturday, Sunday, or legal holiday). 1.9 Correction of Errors, Omissions, ciencies. The C LTANT shall, without a additional compensation promptly co'' ��' errors orris /�' . de iieencies or conflicts in ' / f c�. the work product of the CONSULTAjj //O// Section 2. SCOPE OF SERVICES. The CO� U�d�A� ° " � o,perform and carry out in a o aipi�laCr professional and proper ain duties a scribed i e Scope of Services -Exhibit A � � -which is attached he , �`and m�� part of thi ��° ontract as if fully stated herein. /// CL Section 3. TIME OF C �� u�LE . The servico be rendered by the CONSULTANT tea shall be comme d upon t �� , tive date and shall be completed in U_ accordanc �� ° y le di`° Office by the TY's Marine Resources Oce to CONS ANT. � � U_ Section 1 UNTY'S R NSI ITIES 4.1 The CO ' 'S Contrac anager shall be the Monroe County Marine Resources Office 0 Senior Admi �0 for w 'has authority to (1)act on the COUNTY'S behalf on all matters U concerning the � 1'TANT'S work-product contemplated by this Contract, and(Q to as administer this Co ct and monitor compliance with all terms and conditions stated herein. a 4.2 The COUNTY'S Contract Manager shall coordinate with CONSULTANT as necessary for 0 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, U_ in in order to minimize delay in the progress of the CONSULTANT'S work-product contemplated herein. as E 22 Packet Pg. 2404 J.3.b Section 5. BUDGET/COMPENSATION 5.1 Budget. The CONSULTANT may not be entitled to receive, and the COUNTY is not as 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 amount may only be modified by an affirmative act of the E 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 Contract initiation. 5.2 Compensation. The maximum compensation available to CO ' LTANT under this Agreement is based on the tasks detailed in the Scope of S c �' e COUNTY agrees to pay CONSULTANT based on completion of work withi e Sco rvices according to U- o, l r, the deliverables detailed in the Scope of Services. Co 1 s�iion sha' aid by specific � assignment/engagement completed which both fal nder thorized T � �` through on Exhibit "A" and is/are deemed satisfactory Ahe Con act Manager. di onal 0 services included in Tasks through on "A" �n° be authorized � e Board of g % . County Commissioners. The total not-to-exceed c r idvig the servio contained in U) Tasks 1 through 7 is $ Section 6. PAYMENT TO CONSUL T ��/////////////// �� . 0 CL 6.1 Payment will be made according to the al nt Pro t Payment Act. Any request for payment must be in a form satisfacto t o ' `a 'nty Clerk of Court ("Clerk"). Acceptability to the °�,�1 �' ed on gene accepted� Cr unting principles and such laws, rules, and re tions o, y govern the lerk's disbursal of funds. The request must describe in deta rvices ormed the p�„gym ynt amount requested, and supporting r documentation, inclu cop' receipts fro e transfer station. CONSULTANT must to !r�a.. � � «rat � submit to th C��OUNT °�� will review the request. The Contract Manz �lJ�'l��°f°` s/her " oval ori� �� quest and forward it to the Clerk for payment. If � req for paymew� of ap� ' d, the Contract Manager must inform CONSULTANT in w that must inc� n exp�r ;r n of the deficiency that caused the disapproval of the requ 6.2 CONSUL ��,T shall su it, by U.S. Postal Service certified mail, or as otherwise agreed c �P� U upon in writ the TY Contract Manager, when a lump sum task has been completed, an m tasks as detailed in the Scope of Services in the following form and as address: Fe `- Monroe County Marine Resources Office0 Subject: Invoice Attn: Senior Administrator Ms. Brittany Burtner U- 2798 Overseas Highway, Marathon, Florida 33050 6.3 CONSULTANT shall submit such invoices for tasks that have been deemed completed in a writing by the Contract Manager, no later than fifteen (15) calendar days after each calendar 23 Packet Pg. 2405 J.3.b month of task(s) completed. 6.4 Any extension of this contract into the County's next fiscal year is contingent upon an annual as appropriation by Monroe County. Section 7. INSURANCE. E L_ as 0. 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 authori - work is delayed or suspended as a result of the CONSULTANT'S failure to purcha ��'� ntain the required insurance, the CONSULTANT shall indemnify the COUNTY any and all increased expenses resulting from such delay. � •//j�� LD 7.2 Failure to maintain coverage shall be considered a va ' �aS n for the//, �UNTY to terminate this Contract. c 0 7.3 The COUNTY, at its sole option, has the rig Wll« est a c " ified copy of a ,, all insurance policies required by this Contract. 7.4 Delays in the commencement or co ' tion of work res, from the failure of the ins c CONSULTANT to provide satisfacto nce of the ins e re uired under this L_ Contract, shall not extend deadlines sp�� /"�„ s Cont !any penalties and/or � failure to perform assessments shall be i ose� work mmenced on the specified j/////0 %/,, date and time. ��//� C �� 7.5 The acceptance an appr � f the CON LTANT'S insurance shall not be construed as relievin m any liabili or bligation assumed under this Contract orCL g "'�� Jllllllrcl c imposed by law. 7.6 The M, ?Loss Pa'y 11 o� ,r oar ountyar issioners shall be named as Additional Insured and , f�/ ONSULTANT S insurance policies to satisfy this C ct's requirem-1- xcept rkers Compensation. 7.7 All msu policies m peci y that they are not subject to cancellation, non-renewal, material ' or reduc �n m coverage unless a minimum thirty (30) days prior notification i n tot COUNTY by the insurer. �� 7.8 General Liability^�urance. As a prerequisite of the work governed, the CONSULTANT shall obtain, at its Vole own expense, insurance as specified in the attached schedules, which are made a part of this Contract. The CONSULTANT shall require all subcontractors to 0 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 U_ 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 a not be permitted to commence work governed b this Contract(including pre-staging of p g y ( g p g g 24 Packet Pg. 2406 J.3.b 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 co 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 E 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 the commencement of work governed by this Contract, the CONSULTANT shall obtai ,� intain General Liability insurance. Coverage shall be continuously maintain �d include, at a minimum: Insurance Requirement Required Limi CD as ia General Liability $300 00 mbied Single Li %/��j// 0 0 Vehicle Liability �1 J� rr / ■ $200 000 fir,` er ■ $300,000 pe rrence 'op $200 000 prope�%` mage CL Professional Liability ■ ��///, 00" ��1m" ccurre� ��,, ■ 0 Cr as Watercraft Liability $50 000 per occurrence Worker's Compensati �ff I ��Illllrcfl 0 /�� ////■°' j0 000 Bodily Injury by Accident ��1��J//// �� ■ $500 000 Bodily Injury by Disease policy limitsCL $100,000 Bodily Injury by Disease, each employee Jones Act �' gmzmg that work governed by this Agreement involves Maritime Operations (not to U) be associated �, 411/ ongshor en's Insurance), the CONSULTANT'S Workers' Compensation Insurance Policy inclu overage/c for claims subject to the Federal Jones Act(46 U.S.C.A. to subsection 688)wi114 : , of less than $1 million. The CONSULTANT shall be permitted to provide as i Jones Act Coverage th gh a separate Protection and Indemnity Policy, insofar as the coverage provided is no less re fictive than would have been provided by a Workers' Compensation policy. 0 0 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 E 25 Packet Pg. 2407 J.3.b with these provisions may result in the immediate suspension of all work until the required U) insurance has been reinstated or replaced. as The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required insurance: E L- • A Certificate of Insurance as or Rol • A certified copy of the actual insurance policy. as LD The CONSULTANT must provide a certified copy of the/its ' al ins�� ce policy or policies upon request by the County, notwithstanding that the C NIT m ve already provided a Certificate ficate of Insurance. �� 7.9 Coverage shall be maintained throughout the n rm of �` contract. c 111,,11,,, U) 7.10 Coverage shall be provided by a company or coin �° authorized to transact business in the state of Florida. il �� CLCL ili 7.11 If the CONSULTANT has been ap e Florida D , ment of Labor as an /. authorized self-insurer, the CONSULT )T mad fired t , ubmit a Letter of U) Authorization issued by the Department ova an �� ' Pi cate of Insurance,providing Cr details on the CONS a � Excess Ins once Progr, 7.12 If the CONS T pa spates in a sel s rance fund, a Certificate of InsuranceCL will be required. In a� a n t NSULTA (d ay be required to submit updated U LL financial st nts frorrrrr;, ' r J from the COUNTY. cam. 7.13 CONSUL shalt ire its subcontractors to be adequately insured at least to t 'ts prescribed and increased limits of the CONSULTANT if so required by th LINTY durin � �� term � this Contract. The COUNTY will not pay for increased � i U) limits o rance for su ntractors. U) 7.14 The CO �q AN all provide to the COUNTY certificates of insurance and a copy of all insurance ° i cluding those naming the COUNTY as an additional insured and as as a loss payee. Th ''OUNTY reserves the right to require a certified copy of such policies - upon request. 0 0 Section 8. INDEMNIFICATION AND HOLD HARMLESS U- 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 of any kind, arising out of, related to, or in connection with the negligence, recklessness, or 26 Packet Pg. 2408 J.3.b intentional wrongful conduct of the CONSULTANT, subcontractor(s), and other persons U) 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 those of any subcontractor(s). E L_ as 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 limited to, reduced, i" i or lessened by the insurance requirements contained elsewhere �is Contract. Should � any claims be asserted against the COUNTY by virtue of any ciency or ambiguity in the plans and specifications provided by the CONSULTANT ULTANT agrees and warrants that it shall hold the COUNTY harmless and sh ndem,IN e COUNTY from allLD losses occurring thereby and shall further defend any action°°� COUNTY's ,, /��i/o//GG behalf. ,� 0 8.3 In the event completion of the work assigned0 de the'� ork of others) i / "dyed or suspended as a result of the CONSULTANT'S fai °�00 °'� or maintairue required insurance, the CONSULTANT shall indemnify the C TY from any and all increased expenses resulting from such delays°�i/ could any claims �� erted against the COUNTY by C virtue of any deficiencies or ambiguit�%"� Tans and spe tion provided by the COUNTY or CONSULTANT, the CO agrees an ants that the CONSULTANT shall hold the COUNT arm hall i emnify it from all losses occurring thereby and shall further defen �h, y ims �' t on the COUNTY's behalf. Cr /�rrrr li„ 8.4 The CONSULTA a��grees` no charges claims for damages shall be made by it for rr P any delays or h* s attrib ble to the C Y for whatever cause, during the progress of any porti the ices specifie �r'this Contract. The CONSULTANT agrees t0 o� that it shall be entitlf l rrt �" lllllllDllll///��1t° , ,,, CL 8.5 The NSULTA �� 11 be risible for the completeness and accuracy of its work, U_U_ fJ /pporting data �� other` ents prepared or compiled under its obligation for this prof d shall correJ its exp se all significant errors or omissions therein which may be disc ��"� / The cost of, work necessary to correct those errors attributable to the CONSUL and any mage incurred by the COUNTY as a result of additional costs r_ caused by suors sh be chargeable to the CONSULTANT. U 8.6 The extent of liabi is in no way limited to, reduced, or lessened by the insurance _ requirements cont ined elsewhere in this Contract. 0 0 8.7 This hold harmless and indemnification shall survive the expiration or early termination of the Contract. U_ Section 9. STAFFING as E 27 Packet Pg. 2409 J.3.b 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: as CD LAIThe 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 E contractual relationship with the COUNTY. as All personnel engaged in performing services under this Agree t shall be fully qualified, and, if required, to be authorized or permitted ands 1, State, and local laws to perform such services. Section 10. CONTRACT TERMINATION. The COUNT , day ter' a this Contract for ir as any reason, with or without cause, upon written notice to � �LTAN �' mediately after g p disc`f' ntinue adva ;; the services c receiving such notice CONSULTANT shall immedia 0 contemplated herein, and deliver all work-product luding b}t not limited t66� �' dg,,cuments, c drawings, field survey notes,public records (as t has be " construed under apter 119, h�aa �1 0 Florida Statutes), reports, etc.)to the COUNTY, whet h'��' a p rtially comp l ed, or fully U) completed. Compensation shall be paid to the CONSUL '- through the end of services U) performed and provided to the COUNTYmi to the date of to a tion. a Section 11. AUTHORIZATION OF 11.1 All work assignments be and or in additi�, t p � �„ �fces —Exhibit «A» must be authorized in writin ��VCr '' ved by the. of Cou � Commissioners. 112 There may be ons or pro s Specific to the authorized work in the CL lr� c Scope of Services fort a of clar i ifying n aspects of this Contract pertinent to to the work to underta � �" jwt nstruction or provisions shall not be U_ const �ll�� ,, . . �� g � y icatio his A re nt. Authorizations shall be dated and serially � � % gooCL nu ' red. 11.3` he SULTANT s� not as n, sublet or transfer any rights under or interest in (inclu � ut not with 'limitations, monies that may become due or monies that are due) U) this Contr' � subsequ �Work Assignment without the written consent of the COUNTY except to the", tit that �y assignment, subletting, or transfer is mandated by law or the effect of this li � ay be restricted by law. Unless specifically stated to the contrary in as any written conse ',1 any assignment, no assignment will release or discharge the assignor U_ from any duty or esponsibility under this Agreement. 0 0 Section 12. NOTICES U_ 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: a E 28 Packet Pg. 2410 J.3.b To the COUNTY: Monroe County Marine Resources Office as Attn: Marine Resources Office Senior Administrator Brittany Burtner CID 2798 Overseas Highway Marathon, Florida 33050 E L- as CL With a copy to: Robert B. Shillinger, Monroe County Atto Monroe County Attorney's Office 1111 12th Street Key West, FL 33040LD To CONSULTANT: olf� f Or addressed to either party at such oth 1 dresses as such shall hereinafter furnish to the a '°z ' L- other party in writing. Each such notice or authorizati� J 11 be deemed to have been cL duly given when so delivered by hand, cou with proof �� °', every, or, if mailed, when deposited in the mails registered, postage �900 t re a ,�ed. p � g �p g p �1 . q � Cr Section 13. Maintenanc °'',� ds and Rig ' o Audit. NSULTANT shall maintain all books, records, and do nts �0r`,ly pertme 01 performance under this Contract in ~„ accordance with ge accepte ccounting pr i es consistently applied. Records sha11 be retained fora period of �,11 �' s fr e terminatio ' this Contract or fora period of 5 ears c from the date ofUbmission ��fff ,„, ort in accordance with 2 CFR 20.333 U- �� p §whichever ' � h pa Con or its authorized representatives shall have reasona and timel °''' to S' ra�1 cords of each other parry to this Contract for public U- reco�1� oses during ' rm o ntract and for four years following the termination of this Con °�O� If an auditor toyed the COUNTY or Monroe County Clerk of Court �'��'��, rrr Ir determines �i,,,nonies paid ON ULTANT pursuant to this Contract were spent for iii °% purposes not a -zed by t CONSULTANT or were wrongfully retained by the CONSULTANT;�1°' �� ONS �TANT shall repay the monies together with interest calculated U pursuant to Sec. 55."' f�e Florida Statutes, running from the date the monies were paid by the as COUNTY. Right to Audit.Avail`bility of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as 0 computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original U- estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other as supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk 29 Packet Pg. 2411 J.3.b of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents or the County Clerk. COUNTY or E County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous ocations special charges, verifying information and amounts through interviews and ��r onfirmations with employees, Subcontractors, suppliers, and CONSULTANT's rep �tatives. All records shall be kept for ten (10) years after Final Completion of the Prcjec my Clerk possesses the independent authority to conduct an audit of Records, assets d actial elating to this Project. If any auditor employed by the Monroe County uy Clerk Italiames that monies aid to CONSULTANT pursuant to this Agreement w s en°� for purpose ,, uthorized b P P g P P �%' y c this Agreement, the CONSULTANT shall repay th onies together with inte � Iclated pursuant to Section 55.03 F.S. running form th / �"p g �� mom � ere aid to C � � LTANT. 0 p �J The right to audit provisions survives the termination �� rr n° this Agree nt. p �� a Section 14. Public Access and Public ords Com lianc i e CONSULTANT must � comply with all Florida public records la ' ding but not 9/� d to Chapter 119 Florida L- ��n,. Olt,„ lll' �p Statutes and Section 24, Article I, of the Fl �° tution. The ' TY and the c CONSULTANT shall allow and permit reas�j.ab � on„ and i �on of, all documents, p records, papers, letters, or other"public recor I1,,1m is �� r8ssession or under its control are Florid atutes an `� Cr subject to the provisions 119 ade or received by the COUNTY and CONS TAN �. njunction and in connection with this Contract and related to Contract ance. COUNTY s I lve the right to unilaterally cancel thisCL Contract upon violation ,s pr on by the C �`ULTANT. Failure of the CONSULTANT t0 to abide b the t s of thi Jig ed a material breach of this Contract and the y �i 1, ' N COUNTY e to this pro n in the form of a court proceeding and shall, as a prevai 'I party, be d to fj ursement of all attorneys fees and costs associated with CL that ding. This pro ' shal l JI e any termination or expiration of the Contract. °C The CO T is enco ged to consult with its advisors about Florida's public records laws in order'' ply with �s provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and col° ns of contract, the CONSULTANT is required to: Keep and main public records that would be required by the COUNTY to perform the service. 0 (22,) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a c 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. 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 30 Packet Pg. 2412 J.3.b the Contract term and following completion of the Contract if the CONSULTANT does U) not transfer the records to the COUNTY. (44,) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records U) 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 as shall destroy any duplicate public records that are exempt or confidential and exempt from 0. public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Contract, the CONSULTANT eet all applicable requirements for retaining public records. All records stored ctromcally must be U) provided to the COUNTY, upon request from the CO UN �f stodian of records, in a format that is compatible with the information technol sys �� f the COUNTY. LD lip„uiriririr��/�� l- A request to inspect or copy public records relati ,�� 'OUNT�"` �� ract must be made directly to the COUNTY, but if the COUNTY s not possess the re ��",ed records, the COUNTY shall immediately notifyLTANT�,,, f the re � the CO q uest� � /� � CONSULTANT must provide the records,",o OUN r allow the re c s to be 0 inspected or copied within a reasonable time. Ph �i��,,,,,,,,, If the CONSULTANT does not comply ith the COUNT uest for records, the COUNTY 0 shall enforce the Contract's maintenance�� i rds and/or pu w cess and public records of U. � � compliance provisions, notwithstanding th Y s option a � y f to unilaterally cancel this Contract upon violation of said provisio s)b NSULT T. A CONSULTANT who fails to provide the public records to the CO TY yp �� m valid public records request within a reasonable time ublect to pen un Cr der on 119.10, Florida Statutes. The CONSULTAN not tra r custody re ase, alter, destroy or otherwise dispose of CL any public records unle C the e provided in provision or as otherwise provided by t0 law. �� , U- %llllllllll��lllllllllllllll ��,, �, , AN �f S UESTIONS REGARDING THE APPLICATION CHAPTER �'� LO ATUTES TO THE CONSULTANT'S DUTY ROVIDE P � �l C REWDS RELATING TO THIS CONTRACT C CT THE C OD 'AN OF PUBLIC RECORDS BRIAN BRADLEY AT PHO I 05-292-3 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONR l OUNT AATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY U WEST FI;i"; 0 % D as Section 15. Complia e with Law. In providing all services pursuant to this Contract, the a� CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or 0 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 U- 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 a these specifications throughout the term of this Agreement. 31 Packet Pg. 2413 J.3.b Section 16. Disclosure, Conflict of Interest, and Code of Ethics LAIThe CONSULTANT represents that it, its directors,principals and employees,presently as 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. E L_ as CL (13)Upon CONSULTANT's execution of this Agreement, and thereafter as changes may require, the CONSULTANT shall notify the COUNTY of any f ncial interest it may //O%//Oiigrnn have in any and all contracts with Monroe County. � The COUNTY agrees that officers and employees of t G% ' Y recognize and will be required to comply with the standards of conduct for lic o �� and employees as L delineated in Section 112.313 Florida Statutes r m but no ed to solicitation aai or acceptance of gifts; doing business with on unauthoriz""'/�l�mpensation; 000�� ,o� misuse of public position, conflicting empl ent or contractual reIati� d 0 0 disclosure or use of certain information. Section 17. Taxes. The COUNTY is exempt from payme °, Florida State Sales and Use taxes. t�/l The CONSULTANT shall not be exem �by virtue of the' , �ty s exemption from paying a sales tax to its suppliers for materials use ill its obligati der�this Agreement, nor is the CONSULTANT authorized to use the Tax Exem "JNumber in securing such ii materials. The CONSULTANT shall be res Bible and al xes or payments of U) withholding, related to services rendered and �thi gr �%/ ��II Cr Section 18. Financial spon The CO LTANT shall not pledge the County's credit or make it a guaran � �yment� ��surety for an � nract debt obligation judgment lien or CL any form of indebtednes rV11''r C LTANT fu r warrants and represents that it has no U obligation or in tedness ity to fulfill the terms of this Agreement. U_ CL Section 19.1'Su rs and Assig he C 0 SULTANT shall not assign or subcontract its obliga� r°under this C `ract, except in writing and with the prior express written approval� COUNT and consistent with the Contract, which approval shall be subject 0 to such con % and visions as the COUNTY may deem necessary. This paragraph U shall be incorp� ��A, r reference into any assignment or subcontract and any assignee or as roe° subcontractor sha , omply 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 0 legal representatives of such other parry. U_ 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 parry. as E 19.3 Negligence. 32 Packet Pg. 2414 J.3.b as (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 as co (5) days' written notification to the CONSULTANT. (B)The COUNTY may cancel this Contract without cause by giving the CONSULTANT L_ E sixty (60) days' written notice of its intention to do so. CL ,L 19.4 Public Entities Crimes/Convicted Vendor. A person or affiliate �o has been placed on the convicted vendor list following a conviction for public enti imeinay not submit a aU) bid on contracts to provide any goods or services to a public may not submit a bid on as a contract with a public entity for the construction or rep f is building or public ,� . as work, may not submit bids on leases of real property to � lic en t ��Iay not be awarded or /i,,, ooii�j W perform work as a contractor, supplier, subcontract c sultant rY a contract with any public entity, and may not transact business anpublic entiti "i, ess of the 0 threshold amount provided in Section 287.017 the Florit�a Statutes for ORY TWO for a period of 36 months from the da�o r g pla � on the convictendor list. aii By signing this Contract, CONSULTANT represents""' he execution of this Contract will U) not violate the Public EntityCrime��l/� t Section 287.1 orida Statutes). Violation of CL this section shall result in terminatio Contract an �er of all monies paid CL hereto, and may result in debarment fr " Y's compe' ' ° procurement activities. In addition to the foregoin CONSULTNT rther, nts that there has been no Cr determination base �� '" it that it or� �subcontr, for has committed an act defined by Section 287.1 loiida f"utes, as a"p ji lic entity crime" and that it has not been formally char comma- g an act deft a"public entity crime" regardless of the C amount of money in� d o j her CONS ANT has been placed on the convicted to vendor lis llr�li�illllllllllllllllllllllllllllllDllll/////// CL CONS ANT will ;,� rorti' „notify the COUNTY if it or any subcontractor or subs, ant is formal - rged,,, �n act defined as a "public entity crime" or has been pla �� n the conic� " vendo ist. 19.5 Claims for Fe Aid. CO ULTANT and COUNTY agree that each shall be, and is, 0 empowered to ap r se and obtain federal and state funds to further the purpose of this to Contract. Any condi ' posed as a result of funding that effect this Project/Scope of Work LD will be provided to eac � p arty. � 19.6 Non-Discrimination. CONSULTANT and COUNTY agree that there will be no 0 discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement `_ automatically terminates without any further action on the part of any parry, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which U 33 Packet Pg. 2415 J.3.b prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 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 E 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 nondis •urination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service ��412 ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to c entiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Ac 42 USC s.3601 et q se > as amended relating to nondiscrimination in the sale real or ing of housing; 9) LD /0»� oin011��ii The Americans with Disabilities Act of 1990 (42 USC s,I Note), as be amended from time to time, relating to nondiscrimination on the sis of disability; 1 j�; nroe County Code, Chapter 14, Article 11, which prohibits discri anon oa,,the basis of ra & or sex, c religion, disability, national origin, ancestry, sex tation nder identity o� ression, familial status or age; 11) Any other nondiscrimination ' i any Federal, state U) statutes which may apply to the parties hereto, or the subj Q/ atter of, this Agreement. U) During the performance of this Agreem the CONSULT j j In accordance with Equal CL Employment O Opportunity 30 Fed. Re 1 935 3 C.F.R. / 19 4-1965 Comp. p. CL pp Y( g to, . ' o0 0, 339), as amended by Executive Order 113 Executive' 11246 Relating to Equal Employment Opportunity, and imple � tmg I'll � �'' sat 4'F.R. Part 60 (Office of Federal Contract Compliance Programs Equa�� ym rtunity, Department of Cr Labor). See 2 C.F.R. Pa i' �'' endix H, ¶ gees as f ows: as 1) The con ill not�N criminate ag st'jiny employee or applicant for employment because of ra� olor ion, sex, s , al orientation, gender identity, or national to / i r �1 fff° pp on i The corf ative action to ensure that a licants are tha loyees at��ted during employment, without regard to their 'race, Colo on, s"'� exual orientation, gender identity, or national origin. Such action shall e, bu ��°�� e limited to the following: Employment upgrading otion or tr r rec� "`tment or recruitment advertising; layoff or termination; of pay or r forms of compensation; and selection for training, including ap 0r ceship. T consultant agrees to post in conspicuous places, available to 0 empli and `licants for employment, notices to be provided setting forth the provisionondiscrimination clause. as U- CD 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration 0 for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has as inquired about, discussed, or disclosed the compensation of the employee or applicant M 34 Packet Pg. 2416 J.3.b or another employee or applicant. This provision shall not apply to instances in which U) 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 (D compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or E action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The consultant will send to each labor union or represent „workers with which it has a collective bargaining agreement or other contrac nderstanding, a notice to be provided advising the said labor union or workers' �'� ative of the consultant's commitments under this section, and shall post - ies o " otice in conspicuous Z places available to employees and applicants o ment ", � 5) The consultant will comply with all prow o� of E �cutive Order 1"" �� of,,,September c 24, 1965, and of the rules, regulation ,6 evant ,� ers of the Seca, f Labor. 6) The consultant will furnish all information arYL"ff° orts required by Executive Order 11246 of September 24 196� d by the rules re ons and orders of the Secretary a of Labor, or pursuant thereto �' ermit access bo ks records and accounts by the administering agency an�') py ary of Lab ��,,�„� urposes of investigation ill /� � �, to ascertain compliance with sue '. les, i ns, an 'rders. Cr 7 In the event o ''° - ultant's non ',iance ` i � � p the nondiscrimination clauses of this contra or with of the said es, regulations, or orders, this contract may be cancele �� °''i nated �� uspended in�� hope or in part and the consultant may beCL rr 11 o Ili'� declared ineli< for er Govern contracts contracts or federally assisted construction 0to contr is in ac es authorized in Executive Order 11246 of lUllll l'"ll l/ra�� ,. � l � �d 19 /o such o anctions may be imposed and remedies invoked as provide ��11JJ,,; 1 ecu� � rder 11246 of September 24 1965 or by rule regulation, CL U_ or order of thy; �� etary°r'� or, or as otherwise provided by law. The CON if! NT will m e the portion of the sentence immediately preceding paragraph (1) and the pry ns of par aphs (1)through (8) in every subcontract or purchase order c unless exempted"� les, re, ations, or orders of the Secretary of Labor issued pursuant to U section 204 of Exec`° A'er 11246 of September 24, 1965, so that such provisions will be as binding upon each sub tractor or vendor. The CONSULTANT will take such action with respect to any subcon 'act 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 0 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 U_ the United States to enter into such litigation to protect the interests of the United States. 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 35 Packet Pg. 2417 J.3.b any person, company, corporation, individual, or firm, other than a bona fide employee working U) 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. E L_ as 0. 19.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONSULTANT warrants that it has not employed, retained or otherwi ad act on its behalf any former COUNTY officer or employee subject to the prohibition k jpn 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation ction 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUN ��N, its discretion, 00000 terminate this Contract without liability and may also, in its d� retio /, ct from the Contract n U_ or purchase price, or otherwise recover the full amount o Comm , percentage, gift, or consideration paid to the former COUNTY officer in plo°fee. l Orr 19.9 Covenant of No Interest. CONSULTANT ��,��A,UNTY venant that nei presently c has any interest, and shall not acquire any interest% `� 'c �� u�d,conflict in a manner or U) degree with its performance under this Contract an�G J my interest of each is to perform a ///// 0 and receive benefits as recited in tht ontrac t. C 19.10 Federal Contract Requirements.t,111111116 LTA a J subcontractors must follow the provisions as set forth in Ap�,'. dix� �� 200 amended, including but not �!jj �p C limited to: �//� Cr 19.11 Equal Emplo nt Op unity. Exce�� as otherwise provided under 41 CFR Part 60, all contracts th ��0� the de �tion of"fede ssisted construction contract" in 41 CFRCL Part 60-1.3 must in the opportunity� use provided under 41 CFR 60-1.4(b). 0 t 19.12 Da '°'� „ �� , as ded 3141-3148). When required by Federal pr hm, legislati�� , prim l'', struction contracts in excess of$2,000 awarded by non- uI entities ms '� ply A/ avis-Bacon Act(40 U.S.C. 3141-3144, and 3146- 31 supplemente 1 ` Depa 11, ent of Labor regulations (29 CFR Part 5 "Labor Standrovisions A ��cable'to Contracts Covering Federally Financed and Assisted Construe �,,,,,. In accor ' ce with the statute contractors must be required to pay wages to c laborers an �rt,,panics 'a rate not less than the prevailing wages specified in a wage U '�JJ � P g g P g � determination i� the Secretary of Labor. In addition, contractors must be required to as pay wages not le / an once a week. The COUNTY must place a copy of the current _ prevailing wage termination 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 0 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- U_ 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 M 36 Packet Pg. 2418 J.3.b employed in the construction, completion, or repair of public work, to give up any part of U) the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (D When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program E and Transit Security Grant Program (it does not apply to other FEMA grant and CL cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above 00 in situations where the Davis-Bacon also applies, must also comply with the Co nti-Kickback" Act (40 U.S.C. § 3145) as supplemented by Department of L V regulations (29 CFR Part 3 "Contractors and Subcontractors on Public Building or �ork Financed in Whole or in Part by Loans or Grants from the United States ,,s reg by the Act, each Z contractor or subrecipient is prohibited from ind b��,�kany meil ny person ° /o1�' e u an art of employed in the construction completion or r it o{� ublic work p y p the compensation to which he or she is othe se entitled. The COUN��,,° stJeport all m„ suspected or reported violations to the Fed f�I i n g��,� ency. �� /iO4�f,,,, (1) Contractor. The contractors �� y vkith 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requiremf 29 C.F.R.pt. 3 as may be applicable, wff''�1 f re incorporated � erence into this contract. 0 %/ �I//////////// , �G//////// �i �� CL (2) Subcontracts. Th' 6 LIJ r subcontr " shall insert in any subcontracts the cl such a 'er clauses as the FEMA m „ b appropriated s �n��i�� Vie, and also a clause requiring tCr ractor tclude thes auses in any lower tier r subco�ts. The pri contractor shall be responsible for the omplia by any subc tr ctor or lower tier subcontractor with all CL lll c es ct clauses U Bre�� f�� bre contract clauses above maybe grounds for 0. %rmm j /�of the contract, and for debarment as a contractor and 0. ontrae provided in 29 C.F.R. § 5.12. Add' j filly in accor wite regulation, each contractor and subcontractor must furnish, week a stat �`ent with respect to the wages paid each of its employees engaged U) in work c' by the eland Anti-Kickback Act and the Davis Bacon Act during the t00 preceding w ' ayr ,period. The report shall be delivered by the contractor or '0 rr• as subcontractor, even days after the regular payment date of the payroll period, to a representative of ederal or State agency in charge at the site of the building or work. 0 19.13 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where c applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard E work week of 40 hours. Work in excess of the standard work week is permissible provided U 37 Packet Pg. 2419 J.3.b that the worker is compensated at a rate of not less than one and a half times the basic rate U) 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 as 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 E or transmission of intelligence. � Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting any part of the contract work which may require or involve the employ Rol � laborers or mechanics shall require or permit any such laborer or anic in any workweek in which he or she is employed on such work t xcess %/' P/01 Z of forty hours in such workweek unless such laborer or mec h c rece , �� compensation at a rate not less than one and one-half tine` sic rate;; ,�� pay for all hours worked in excess of forty hours in s work eek. (2) Violation; liability for unpaid wages; liquidate images. the event of a %!0 violation of the clause set forth in paragraph 29 -. �5.5(b) 1)] the contractor and any subcontractor responsible therefor s � for the unpaid wages. In addition such contractor and subcontra" �' , all be liable to the United States (in the case of work d't under contract fo District of CL Columbia or a territory, to such District ! territorY) fo� �,, dat d ci damages. Such liquidated damages shall b with re spec R ch c individual laborer or mechanic, including wa� hme ,�I rds, e , Toyed in � violation of the clause set forth in paragraph �C.�� § �� "�, in the sum of $27 for each calendar da " ° such indivi�' was req 1 d or permitted Cr llii; to work in excess of t tandar� t';, kweek off hours without payment of the overtime wages, �d by th ause set fort lj � ragraph29 C.F.R. § 5.5 (b)(1). CL (3) Withholding for unpct y"� ges li uidated d �y�ages. The Federal agency shall upon its U own action or u ' written 'representative of the Departme �� BI not � /fuse to a "I iheld from any moneys payable account o� �io,. erfo� by the contractor or subcontractor other p unde uch contract d �� ' �� al contract with the same rime r ,, contract any other fed y-assid contract subject to the Contract Work Hour Safety Stands Act, which is held by the same prime /I contractor, su �s as may determined to be necessary to satisfy any 0 liabilities of suck"""'��,, ° actor subcontractor for unpaid wages and liquidated U damages as provide �� 0 ause set forth in paragraph29 C.F.R. § 5.5 (b)(2). as (4) Subcontracts. The ' tractor or subcontractor shall insert in any CD subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through(4) and also a clause requiring the subcontractors to include these clauses in any 0 lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses `_ set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 19.14 Rights to Inventions Made Under a Contract or Agreement. If the Federal award as E meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or 38 Packet Pg. 2420 J.3.b subrecipient wishes to enter into a contract with a small business firm or nonprofit U) 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 CID Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued E by the awarding agency. CL 19.15 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Wat Pollution Control Act 33 U.S.C. 1251-1387 as Amended CONSULTANT agrees ( ). g �� y with all applicable standards, orders or regulations issued pursuant to the Clean'11111 'Act, as amended(42 U.S.C. §§7401-7671q) and the Federal Water Pollution C as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Fede genc %- the appropriate �LD Regional Office of the Environmental Protection A g „ A). Th "% an Air Act(42 CID U.S.C. 7401-7671q.) and the Federal Water Pollii Control Act 1251-1387) 0 as amended—applies to Contracts and sub ra of amounts is in excess of 00 H The c CONSULTANT agrees to include these req is in ea subcontract ex ing $150 000 financed in whole or in art with Feder st � °° p �j� o ,ovided by FEE A/Federal agency. The CONSULTANT agrees to report each v� � on to the COUNTY and understands and agrees that the CO J TY will, in turn "" � ,r each violation as required to C assure notification to FEMA/Federa and the appr e E�A Regional Office. CL 19.16 Debarment and Suspension (Exec ve � 549 an , 2�689). A contract award under a"covered transaction" (see 2 CFI 80 b be made to parties listed on the Cr government-wide ex � �n the Syste fQ Award ,,,agement(SAM), in accordance with the OMB gu* Ines FR Part 18 ��at implement Executive Orders 12549 (3 CFR part 1986 p. 18 , �'''nd 12689 (3� R art 1989 Comp. p. 235) «Debarment CL and Suspension" any De ent of Home c p p Security's regulations at 2 C.F.R. Part to 3000 (Non rocureme �� ion). SAM Exclusions contains the names of parties '� pen othe chided by agencies as well as parties declared CL ine �° unde` / o /;°° atory authority other than Executive Order 12549. SAM sions can be at: d at j in.gov. CONSULTANT is required to verify that no� � the CONSUL ;' T's pr , pals (defined at 2 C.F.R. §180.935) or its affiliates ,,�Jf� , § ) ( § ) q (defind„ .' 2 C.F.R. 1 ^�1 �OS ate excluded defined at 2 C.F.R. 180.940 or disqualified � (defined F.R. §18 35). the CONSULTANT must comply with 2 C.F.R. pt. 180 c subpart C a' �� F.R. 3000, subpart C, and must include a requirement to comply with to these regulatio 0/l ii� ower tier covered transaction it enters into. This certification is a as material represen n of fact relied upon by the COUNTY. If it is later determined that the CID CONSULTANT,id not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000 a� 2- subpart C, in addition to remedies available to the COUNTY, the Federal Government may 0 pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 19.17 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONSULTANTS that apply or bid 39 Packet Pg. 2421 J.3.b 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- E Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,00 % he attached certification must be signed and submitted by the CONSULTA " e COUNTY. U) G/� as 19.18 CONSULTANT must comply with section 6002 of the 1Q9l1�, ste Disposal Act as amended, by the Resource Conservation and Recovery J The °'y ements of Section a 6002 include procuring only items designated in gu� ��es��f the mental Protection E�% , o� Agency (EPA) at 40 CFR part 247 that contain t ighes�I percentage overed � c materials practicable, consistent with maintai a satisfaFtory level of c itiyn, where c the purchase price of the item exceeds $1010 � e value the quantity a ' 1 ed during the preceding fiscal year exceeded $10 000; prod �° o / �� te managem t services in a U) manner that maximizes energy and resource recover establishing an affirmative procurement program for procurem� of recovered in identified in the EPA �l�ii� i guidelines. In the performance oft Ii ) ct the CONS NT shall make maximum i�� r , use of products containing recovered t are EPA- dated items unless the c product cannot be ac uired 1. Competitively within atimeframe providin or p the contract performance Cr schedule; 2. Meeting contractpe anc �h uirements; off% 3. At a reasonable CL CL Information about this re` me n with the11, o EPA-designated EPA-desi nated items is available at to �g,� � EPA's Compre sive Pro' �� i I site, 11 l lli�� , https:Hw" coy , ensive� ement-gui del ine-cpg-program. Th �NSULT ii Iso ag� to comply with all other applicable requirements of U_ r n 6002 of the Was sal Act °C 19.19 Oth deral Requ / ments. 19.20 Americann��' h Di ilities Act of 1990 (ADA). The CONSULTANT will comply with 'G , , 1,�' as all the requirem imposed by the ADA, the regulations of the Federal government issued thereunder,� nd the assurance by the CONSULTANT pursuant thereto. 0 19.21 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of c the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this E Agreement. In this regard, all recipients and CONSULTANTS shall take all necessary and 40 Packet Pg. 2422 J.3.b reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), U) 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 Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, E WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS as a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321 the CO ULTANT shall take the following affirmative steps to assure that minority businesses, w " 41 usiness enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: F//, 0 (1) Placing qualified small and minority businesses and w nis bu enterprises on Z solicitation lists; (2) Assuring that small and minority businesses, an omens business en� ses are solicited ��G/i� whenever they are potential sources; �, � (3) Dividing total requirements, when economN � Bible �9" o smaller tasksjantities to 0 permit maximum participation by small and minority h s„ �afd women's b ness rt, enterprises; (4) Establishing delivery schedules, e the requiremen �r' its, which encourage CL ��,,, c participation by small and minority busin , d women s bu° '� s e terprises; CL (5) Using the services and assistance, as �� of such or � 'tions as the Small Business Administration and the Minority B mess ment ency of the Department of Commerce. Cr (6) Requiring the Prim � ' TANT, if 'ontractor to be let, to take the affirmative steps listed in paragra �o' )thr - ` (5) of this s tion. CL CL 19.22 REQUIREMENT„+, US -VERIFY fr` In accorda 448.� / e CO ��NT and any subcontractor shall register with �� and shal ize the art ' f Homeland Security's E-Verify system to verify the work autho on status of a ,� �` emp �" fired by the CONSULTANT during the term of the Con rac ' '� shall express o uire a , subcontractors performing work or providing services pursuant to ontract to li ise a ilize the U.S. Department of Homeland Security's E- Verify systemtill) rift'the w authorization status of all new employees hired by the r_ subcontractor duhe Co act term. Any subcontractor shall provide an affidavit stating that to the subcontractor �� o �dploy, contract with, or subcontract with an unauthorized alien. The CONSULTANT shall ply with and be subject to the provisions of F.S. 448.095. - 19.22 NRCS Regulations. NRCS administers the EWP program through the following 0 authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); U- 9 • 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 as E • Codified rules for administration of the EWP program are set forth in 7 CFR 624. 41 Packet Pg. 2423 J.3.b 19.23 Access to Records: Contractor/Consultant and their successors, transferees, assignees, U) and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Managementco as Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy E records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable l, or program guidance. 3. Submit timely, complete, and accurate reports to the appropr S officials and maintain appropriate backup documentation to support the r s. 19.24 DHS Seal, Logo and Flags: CONSULTANT shall n, se th / artment of Homeland Security seal(s)> logos, crests, or reproduction of fla r eness o l 1 S agency officials p ?!11,�,,,� TSB without specific FEMA pre-approval. The CONS paip shall mcI is provision in �� 0 any subcontracts. 0 /�� r �g. 9 19.25 Changes to Contract: The CONSULT A �, rstand d agrees that a cost 0 iii �r/r resulting from a change or modification change o' o ts�ictive Chang "of the agreement must be within the scope of any Federal gr cooperative agreement that may U) fund this Project and be reasonable' he completion o �'��' Project. Any contract change C or modification change order or con ��° change muse r g � �ved in writing by both c� g the COUNTY and CONSULTANT. /1 J` a 19.27 Compliance with Federal Law, Regu rho ive Orders. This is an� � acknowledgement t ��% ' financial a ` ' a�nce mayw used to fund all or a portion of Cr the contract. The S T will co ""°ly will all applicable federal law, regulations, IVI executive ord �,��%�� po ,'s, Procedures)��Illllll��d directives. C 19.28 No Obligation bye"� ��fr�� t. Federal Government is not a party to this U_ contra "'"y " ' sub °"� an o s or liabilities to the COUNTY/non-Federal ent ,'contra ny o arty pertaining to any matter resulting from the contract. CL 19.29/ am Fraud an I Ise or``"°" dulent Statements or Related Acts. The CO C) TANT ackno eage f t 31 U.S.C. Chap. 38 (Administrative Remedies for False !�;, Claims tatements) lies to the CONSULTANT 's actions pertaining to this contract. �X 19.30 Prohibihf� certa• 'telecommunications and video surveillance services or equipment as in 2 CFR§ 200.216. Recipients and subrecipients and their as contractors and s� 'ontractors may not obligate or expend any federal funds to (1)Procure U_ or obtain; (2) Ex-end or renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that 0 uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in U_ Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). U 42 Packet Pg. 2424 J.3.b (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology W Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using E such equipment. CL (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with th irector of the National Intelligence or the Director of the Federal Bureau of Investigat §onably believes to be an entity owned or controlled by, or otherwise connecte the government of a covered foreign country. 19.31 Domestic preference for procurements as set fon ,CFR§ 22. The COUNTY and CONSULTANT should, to the great extent ctica`°1e provide a ence for the purchase acquisition or use of goods produ �or mater�ls produced m need States ///io (including but not limited to iron aluminu j cemen d other manu red products). These requirements of this section mu /��`' J11 edk�j�n all subawa ds including a2 i J. a� contracts and purchase orders for work or products �! federal award. For purposes of U) this section: � � CL �� (1) Produced in the United States I�� }ron and stee ,,,, ts, that all � manufacturing processes, from the mite m V e throug �e application of coatings, occurred in the United States. Cr 2 "Manufactured lll� as O eans items construe n materials composed in whole or OF W in part of non-fe 's meta it has alumin�' ; plastics and polymer-based products such as polyvinyl c1I ipe; a gates such a r�rete; glass, including optical fiber; and CL lumber. 19.32 The �'� �� NT is�rr«°.. sby a�� s and conditions of the Federally-Funded Su and an J grey between County and the Florida Division of Emergency CL agement. ,9 19.33 T� NSULTAN 11 hol the Division and COUNTY harmless against all claims of whate"', � ture arising ��t of the CONSULTANT's performance of work under this U) A reemei the exte flowed and required by law. g p!�%i r Section 20. Non- � f mmunity. Notwithstanding the provisions of Section 768.28, Z Florida Statutes, the p' � ipation of the CONSULTANT and the COUNTY in this Contract and the acquisition of any `ommercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the 0 extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. U_ 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 43 Packet Pg. 2425 J.3.b under this Contract within the territorial limits of the COUNTY shall apply to the same degree U) and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. � CD 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 E 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 resp sibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing ation of the constitutional or statutory duties of the COUNTY, except to the e t permitted by the Florida Constitution, state statute, and case law. �� Section 23. No Personal Liability. No covenant or agre '° t dpntaine Gn shall be deemed to be a covenant or agreement of any member, officer ent employee o roe County in his or her individual capacity, and no member, offi� agent or,employee of Cpunty 0 shall be liable personally on this Contract or be any p onal liability o �� ountability by reason of the execution of this Contract. 1111111 ��i,,,,,�,,, Section 24. Non-Reliance by Non-Part No person or en all be entitled to rely upon the �l'i,,,.. ;i 0 terms, or any of them, of this Contract to or attempt to e a y third-parry claim or �,,,�� aw entitlement to or benefit of any service or j 0. ��°� templated der and the CONSULTANT and the COUNTY agree th ' neit� �° NSU ,ANT nor the COUNTY or any agent, officer, or employee of either shall' v e a fb inform, counsel, or otherwise Cr indicate that any particul �� " al or group ,'hdividual ,�'ntity or entities, have entitlements ll, or benefits under this tracts to and apaj nferior to, or superior to the community in general or for the p conte ated in this C tra t. CL Section 25. Gov ning La % ' n, Costs and Fees. This Contract shall be governed b ' Q 1111�11« d i��,,, danc� � e laws of the State of Florida applicable to contrac 'ade and to' ,� form �� tirely in the State. In the event that any cause of action or admi o tive proceed* o stitut J� w, the enforcement or interpretation of this Contract, CO '' CONSULT agree at venue shall lie in the 16Ih Judicial Circuit, Monroe County, Fl in the appro sate court or before the appropriate administrative body. This Agreement shJf liberally strued and enforced in favor of Monroe County to effectuate its 0 public purpose(s licy s) of the County; the construction and interpretation of this U Agreement and all /, �,� 'lations, or instruments relating to, in connection with, or arising out as of this Agreement shad , e 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 0 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 U_ Court of Monroe County. Section 26. Attorney's Fees and Costs. The COUNTY and CONSULTANT agree that in the a event any cause of action or administrative proceeding is initiated or defended by any parry 44 Packet Pg. 2426 J.3.b relative to the enforcement or interpretation of this Contract, the prevailing parry 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 E 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 o such relief or remedy as may be provided by this Contract or by Florida law. This provisio got negate or waive the preceding provisions of this Contract concerning termination g, ncellation. Section 28. Cooperation. In the event any administrative on al pro g is instituted against either parry relating to the formation, execution, i r ��nce, or ° h of this Contract, COUNTY and CONSULTANT agree to participate, t e nt required b' other party, in all proceedings, hearings,processes, meetings, and er activi�Jjes related to t stpce of this 0 � poi„ p Contract or provision of the services under this �� CO Y and CONSU f T 0 � 0 specifically agree that no parry to this Contract shall b � �}ir o%niter into any, itration of proceedings related to this Contract. "0PIE CL Section 29. Severability. If any term co / condition or ponf this Contract(or the CL application thereof to an circumstance or I be declare (i ' and or unenforceable to PP Y �r? ' ii any extent by a court of competent jurisdicti -� the ter covenants, conditions and provisions of this Contract shall not be affect��' t y / remaining term, covenant, Cr condition and provision J tract shall b � lid and sbe enforceable to the fullest extent permitted by la Mess t' forcement the remaining terms, covenants, conditions and provisions of tll�JJ ract w prevent the co plishment of the original intent of this CL /� Contract. The COUNT CO TANT agre�°0reform the Contract to replace any " �o, stricken provisi& with a vay��' as close as possible to the intent of theLL stricken pr i � �� hh. �, c_ Sect* f Attestations°""`' Trut ! Ali otiation. The CONSULTANT agrees to execute � such'do '� is as COUN ' ay re nably require, including a Public Entity Crime Statement � ics Statem b and a Drug-Free Workplace Statement. Signature of this Contract by C� ULTANT all act as the execution of a truth in negotiation certificate stating 0 r to that wage rates a � fer fa al unit costs supporting the compensation pursuant to the Contract are accurate, comp urrent at the time of contracting. The original contract price and any as additions thereto shall adjusted to exclude any significant sums by which the agency _ determines the contra f 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 0 the end of the Contract. Section 31. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants that: as E (A)The CONSULTANT'S name in this Agreement is its full name. 45 Packet Pg. 2427 J.3.b (B)He or she is authorized to act and contract on behalf of CONSULTANT. Section 32. Authority. Each parry represents and warrants to the other that the execution, as delivery and performance of this Contract have been duly authorized by all necessary and corporate action, as required by law. E 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 s e manner as this Agreement. Section 34. Binding Effect. The terms, covenants, conditions ,��` sions of this Contract shall bind and inure to the benefit of the COUNTY and CON ,,LTAl �l�d subcontractors and LD their respective legal representatives, successors, and ass /�� CD 0 Section 35. Section Headings. Section headings h been insgrted in this Co" asA matter 0 �� of convenience of reference only, and it is agreedf i� h sects°, headings are n/ part of this Contract and will not be used in the interpretation of an v/ n" this Contra U) Section 36. Execution in Counterpart��%� is Contract may ` ecuted in any number of C counterparts, each of which shall be rega4 % / n original, al i� is taken together shall 0. 0° constitute one and the same instrument an n � arties here execute execute this Contract by signing any such counterpart. d] In Witness Whereof, th �'°"°`�°'� �ve execute��y s Contrac s indicated below. as �� I 0 (SEAL) KEVIN �� ARD OF COUNTY COMMISSIONERS tit �� OF MONROE COUNTY, FLORIDA U- /o, As Deputy CI "' Craig Cates, Mayor 0 VR ap TO FOR U- �m CD 0 0 WITNESSES: Consultant Name. U- 1. By: Print Name: Print Name: E U 46 Packet Pg. 2428 J.3.b 2. Title: Print Name: as STATE OF L- as CL COUNTY OF The foregoing instrument was acknowledged and attested before me %o��,. g g g day of 2023 by who i rsonally known to me or produced as0''1j i'dent fication and did take 'G an oath. j�� °0 //G Notary Public SealCL c U) Cr CL CL °0oo�oo 00000 , !��//o °0000000i fro;,, l oaoi F U) CD ° LD 0 E U 47 Packet Pg. 2429 J.3.b SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] as CD L- as CL cu Rol a as / cu �// CL C 0 CL as cr CL CL ��iii�llll��IIIIIIIIIIIIIIIIj� /�j 0000 lull �fir'°° xCD �� ' »>f a 0 0 C E 48 Packet Pg. 2430 J.3.b RESPONSE FORM as RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department °b GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 El acknowledge receipt of Addenda No.(s) as I have included: CL .o 1. Response Form ❑ 2. Lobbying and Conflict of Interest Clause ❑ Y� g 3. Non-Collusion Affidavit ❑ ,r» as 4. Drug Free Workplace Form ❑ �j// 5. Public Entity Crime Statement 6. Monroe County occupational license and relevant � LD ��j County occupational licenses are required to bej„I obtained within ten days of award of the contract �� S 7. Local Preference Form (if applicable) ❑ 8. Indemnification and Hold Harmless forms ] ❑ 9. Vendor Certification Regarding Scrutinized Compaq ❑ � ,» U, El have included a current copy of the folloajving professional a �, upational licenses: U) 111 CL � 0 CL If the applicant is not an individual (sole pro ,�ie � se supply r r/l/ollowing information: APPLICANT ORGANIZATION: ll0j �, as Cr (Registered business nam ar exactly as ppears on ,vw.sunbiz.or r). Any applicant ot p indivi I (sole propri r) must submit a printout of the Detail by CL ro Entity Name"screen f I nbiz, a copy of the it recent annual report filed with the o Florida Department of Stai J� / oratio �, U_ Mailing Ad, o l 111 �� of %oo CL Tele� , � �/ ,�%fax: Date (Signature) Date: STATE OF: 0 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) E U 49 Packet Pg. 2431 J.3.b by (name of affiant). He/She is personally known to me U or has produced (type of identification) as identification. as CD L- as NOTARY PUBLIC CL My Commission Expires: 0000,,,Rol U) MF as CL C CL Cr FF LL PX ��iii�llll��IIIIIIIIIIIIIIII�j� lull ND, fir'°° a 0 0 E 0 50 Packet Pg. 2432 J.3.b SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA as ETHICS CLAUSE E as (Company) CL "...warrants that he/it has not employed, retained or otherwise had act on his/ behalf any former County i officer or employee in violation of Section 2 of Ordinance No. 010-1990 or, °f t4pty officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or vi n of this provision the County may, in its discretion, terminate this Agreement without liability and in its discretion, deduct from the Agreement or purchase rice,or otherwise recover, the full am fof an commission, percentage, g p p gift, or consideration paid to the former County officer or emplo e. 0 0 nature) � /o fl, f Dat' L STATE OF: � r" CL COUNTY OF: 111!l0l» Cr C Subscribed and sworn to I before me, b�� eans of❑ ysical presence or ❑ online as °''I //' CL notarization, on (date) CL '% /////////9 11�Ii 0 b ��G// - e of affiant). He/She is personally known to me (type of identification) as identification. CL or has pro 10 CL NOTARY PUBLIC Z My Commission Expires: a- aE 0 0 as E U 51 Packet Pg. 2433 J.3.b NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that CID a. I am of the firm of the bidder making the Proposal as for the project described in the Request for Proposals for CL and that I executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently w� I cod(°sion, consultation, U, communication or agreement for the purpose of restricti � � petition, as to any matter °b relating to such prices with any other bidder or with a r o or; c. unless otherwise required by law, the prices whic, h �� been , in this bid have not U_ been knowingly disclosed by the bidder and w ingly be"' sed by the bidder CID /o„ prior to bid opening, directly or indirectly, to �other�°°bidder or to a / petitor; and d. no attempt has been made or will be m - the biddi r to induce any �' son, 1 //� ,,. i� partnership or corporation to submit, o no -„H „ bmi� i for the purposeJ 0,l �� estricting 0p0p0p0p0p0p%%0/1ool�Ir»,,, ;,,. competition; e. the statements contained in this affidavit are true" ,correct, and made with full U) knowledge that Monroe Cour � lies upon the trut � � e statements contained in this C affidavit in awarding contracts roject. �� 0 ri Date: �Cr s STATE OF: /// II« COUNTY OF: �G � � i Subscribe ', iffirm�°� More me, by means of❑ physical presence or ❑ online notanz , on �!%// �% (date) ° �///% by (n b of affiant). He/She is personally known to me or has produced F (type of identification) as identification. /// Ij 0 NOTARY PUBLIC My Commission Expires: ° 0 0 as E 52 Packet Pg. 2434 J.3.b DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CID (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the CL actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workpl e, the business' policy of maintaining a drug-free workplace, any available drug counselin ,�� ilitation, and employee CID � assistance programs, and the penalties that may be imposed n employees for drug abuse violations. 3. Give each employee engaged in providing the commoditie co al services that are under bid a copy of the statement specified in subsection (1). ///�� "`""", as 4. In the statement specified in subsection (1), notify the s that, ,ndition of working on CID the commodities or contractual services that are un s c�� hie employee "��` ide by the terms of the statement and will notify the employer of an viction of, or plea o u �i"I 0 J c to, any violation of Chapter 893 (Florida Statu of any �i trolled substance'` the United ii States or any state, for a violation occurring i th �� ,�cplace n�ater than five (5��1 ys after such 0 conviction. 5. Impose a sanction on, or require the satisfactory p ation in a drug abuse assistance or rehabilitation program if such is available in the employe e'"��'' nmunity, or any employee who is so CL convicted. rx 6. Make a good faith effort to continue t �,�� a drug-free --, through implementation ofCL this section. //��/ f j %//////O o„ As the person authorized to sign the statemen ��1 c �� m complies fully with the above C requirements. �� l//// Ire% Cr nature) CL 0 F Date: CL //////lllll/lllll��llllllllllllllllllllllllll//////////////l//// STATE ,% " � G%%%%/ iiLL COIL //// Subscribed a`tf orn to (or aff� d) before me, by means of❑ physical presence or ❑ online notarization, on �� (date) c by �� ( ) personally�' name of affiant . He/She is ersonall known to me or has produced »� � (type of identification) as identification. LD CID NOTARY PUBLIC 0 0 My Commission Expires: as E 53 Packet Pg. 2435 J.3.b PUBLIC ENTITY CRIME STATEMENT "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 a contract 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 CONTRACTOR under a contract with any public entity, E and may not transact business with any public entity in excess of the threshold amount provided in Section (b CL 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." , I have read the above and state that neither espc dent's name) nor any U, Affiliate has been placed on the convicted vendor list within the last 36 S. (b / �� nature) c CL // STATE OF: °ill/ o //////// 0 COUNTY OF: j �irJ �'presence Subscribed and sworn to(or affirmed)before me, �me� o � or❑online notarization, Cr on �0 / ///; (date) (D by (na � of affiant). He/She is personally known to me or CL has produced ��ia>,, ��pe of identification) as identification. 0 CL NOTARY PUBLIC gi- 1 f;, rg,�� My Commission Expires: CD LD L- 0 0 E 54 Packet Pg. 2436 J.3.b LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector E as dated at least one year prior to the notice or request for bid or proposal? (Please furnish CL copy.) 2. Does the vendor have a physical business address located within Monrr� � u,, from which the vendor operates or performs business on a day to day basis that is a su al component of the goods U) or services being offered to Monroe County. List Address: INDIA. U- CD ��0/0%I!llOrraiat, �liip� � Telephone Number: B. Does the vendor/prime Consultant intend to subcohtra �,, or m f the goods, se pees or 0 construction to local businesses meeting the criteria above o '��i� ,,,�,;f-" ing`��nd location? If yes, please provide: 0 1. Copy of Receipt of the business tax paid t % onroe County T lector by the subConsultant L- dated at least one year prior to the notice or r id or proposa " --,;;;;;;; 2. SubConsultant Address within Monroe Count 0 1 bCon Itant operates: U) Cr Telephone Number �l CL U- (Signature) �� c� �� Date: � STATE OF: 0 COUNTY OF:,,,,,,,,,, to �l ��JJ11 � as Subscribed and sworn t" fifirmed)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. NOTARY PUBLIC E My Commission Expires: 55 Packet Pg. 2437 J.3.b MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL as Indemnification and Hold Harmless For Other Contractors and Subcontractors CL The CONSULTANT covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), -°tonal injury, and property damage (including property owned by Monroe County) and any other to s,"�Ja,mages, and expenses (including attorney's fees) which arise out of, in connection with, or by r on of services provided by the CONSULTANT or any of its Subcontractor(s)in any tier,occasioned b '° �ce,errors,or other wrongful r � act of omission of the CONSULTANT or its Subcontractors in any t their°'°" '� ��yees, or agents. _Z In the event the completion of the project to include the work � �„ delayed spended as a result p p j ( ,� f��rs �s dela a � � � of the CONSULTANT's failure to purchase or maintain th� quires insurance, th`" NSULTANT shall 0 indemnify the County from any and all increased expen resulting/from such delay. �� 0 The extent of liability is in no way limited to, reduced, or les°°', by require nts contained elsewhere within this agreement. CL �� atu re) o ate: Cr C f illllj STATE OF: CL ////// Jllllllrcrrr COUNTY OF: %/��, t) m Illllllllllli�, � Subscribed ��; �" r affirefore nit., of❑ physical presence or❑online notarization, ///�o ��/G� ,,,,,,,,,,,,,,,,,,,,, (date )) CL - i 0 by �� (name of affiant). He/She is personally known to me or has product (type of identification) as identification. ty NOTARY PUBLIC My Commission Expires: ° 0 0 as E 56 Packet Pg. 2438 J.3.b VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: a) Vendor FEIN: Vendor's Authorized Representative Name and Title: E Address: qy City: State: Zip: Phone Number: Email Address: U) as Section 287.135,Florida Statutes prohibits a company from bidding on, su I i �' roposal for,or entering into or renewing a contract for goods or services of any amount if, at the time o 'ntrach enewal, the company is on as the Scrutinized Companies that Boycott Israel List, created pursua to°';action 21 �� Florida Statutes, or is CD engaged in a Boycott of Israel. Section 287.135, Florida StatLi � prrohibits a 8 ny from bidding on, r- submitting a proposal for,or entering into or renewing a contrac "goods or services of$l �0 or more,that are 0 /, of a 0 on either the Scrutinized Companies with Activities in Sudan or the Scrytinized Compame �cpvities in the t a, is Iran Petroleum Energy Sector Lists which were created � o s. 21��rP� 3, Florida StatLrte��/ �'"is engaged in 0 business operations in Cuba or Syria. p y oiF�,,,,,,,,,,,,, As the person authorized to sign on behalf of Respondent,I hereby � t the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scn� d Companies that Boycott Israel List or 0 engaged in a boycott of Israel and for Projects off 0,000 or more is no d/ on either the Scrutinized Companies C with Activities in Sudan List, the Scrutinized Co ith Activities in,t N oleum Energy Sector List,orCL engaged in business operations in Cuba or Syria. „,,� I understand that pursuant to Section 287.135, Flo ri»� St atl ubmission a false certification may subject company to civil penalties, attorney's fees, and/or cos I fit t any contract with the County may as be terminated, at the option of th ty,if the compa�r i � imd to h emitted a false certification or has beenCr placed on the Scrutinized Ci t Boycott Isra � ist or enga , �d in a boycott of Israel or placed on the Scrutinized Companies w ctivitie 1 Sudan List e Scrutinized Companies with Activities in the Iran Petroleum Energy Sect 1 been en d in business o ations in Cuba or Syria. CL Certified By: who is authorized to sign on U behalf of the above referenced c �� U- Authorized Si "' P.PA. a Print Name CL Title: r U- Note/ $are available at llowin ment of Management Services Site: hap: /ww" .,` .m florida.com/ ess o e ions/state LLurchasin r/vendor information/convicted suspended dis OF crimmator ii' aints vendor 1 CD � LD f 0 0 E U 57 Packet Pg. 2439 J.3.b SECTION FOUR: INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. as Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC and the municipalities listed as additional insureds as indicated. If the proper insurance forms are not received within the fifteen (15) day E period, the contract may be awarded to the next selected Proposer. Policies shall be written by 0. companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best ra f VI or better, the required insurance shall be maintained at all times while Proposer i ovic, g service to County. Insurance Requirement Required LimitLD General Liability $300,000 Combined Single Limit Vehicle Liability 0 $20 r pers 0 ■ $300:00 e ■ $200,000 pr°il� damage Professional Liability 0 00 per occur' ' rft' ■ /// 50 regate as Watercraft Liability $500 er occurren / Cr Worker's Compens �n $100, bodily Injury by Accident icy limits �l111f 500 000 Bodily Injury by Disease, ealch employee /��IIIII��IIIIIIIIf� � �� Y Injury Y Y g i g , ��' Y g pCL Jones �: Reco nizi �JJJ the ov,�rned b this Agreement involves Maritime Operations not to b , fated with Lon' reme� � urance), the CONSULTANT'S Workers' Compensation Insuran cc;`' 11, 'cy shall inclu over for claims subject to the Federal Jones Act (46 U.S.C.A. 2 subsection with limits n pss than $1 million. The CONSULTANT shall be permitted to provide Jones Act Cod , e through separate Protection and Indemnity Policy, insofar as the coverage 0 provided is no le �� trictiv an would have been provided by a Workers' Compensation policy. t)The Monroe County d of County Commissioners shall be named as Additional Insured and as a Loss Payee on a 'policies issued to satisfy the above requirements. ° 0 0 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. as E 58 Packet Pg. 2440