Item C11 C.11
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
February 15, 2023
Agenda Item Number: C.11
Agenda Item Summary #11659
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
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AGENDA ITEM WORDING: Approval of an Agreement for Grant Writing and Administration
Services with WSP USA, Inc.. This Agreement is in the form of an on-call continuing services
contract effective for two (2)years.
ITEM BACKGROUND: Project Management is actively seeking and applying for state and
federal grants to assist with funding for capital improvement projects, building improvement projects
and historic preservation projects. Many of these grants have very specific rules and requirements
that must be followed. Project Management believes having expert consultants available to assist
with grant management will be extremely beneficial to the County. Awarded consultants will be
issued individual task orders for specific grants and/or projects.
A Request for Proposals (RFP) for Grant Writing and Administration Services was advertised on
November 9, 2022 with bids due on December 8, 2022. A total of five (5)proposals were received
and a publicly noticed Selection Committee Meeting was held on January 10, 2023.
Project Management proposes to sign continuing services agreements with the top four(4) ranked
respondents to the RFP for grant writing assistance and grant administration services on an on-call
basis.
WSP USA was the second highest ranked respondent. Staff seeks approval of the Agreement with
WSP USA, Inc.
PREVIOUS RELEVANT BOCC ACTION:
7/20/22—BOCC gave approval to advertise an RFP for grant writing and grant administration
services.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATION: Approval of Agreement.
DOCUMENTATION:
Agreement WSP_grant writing_revised_signed
Final Ranking Sheet Grant Writing_signed
County Forms_WSP
FINANCIAL IMPACT:
Effective Date: 2/15/23
Expiration Date: 2/14/25
Total Dollar Value of Contract: TBD—based on individual task orders
Total Cost to County: TBD
Current Year Portion:
Budgeted:
Source of Funds: Various funding sources depending on project.
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes. To be provided upon approval of Agreement.
Additional Details:
N/A -tbd based on individual Task Orders
REVIEWED BY:
Cary Knight Completed 01/23/2023 11:27 AM
Kevin Wilson Completed 01/23/2023 11:46 AM
Joseph DiNovo Completed 01/31/2023 3:26 PM
Purchasing Completed 01/31/2023 3:28 PM
Budget and Finance Completed 01/31/2023 3:28 PM
Brian Bradley Completed 01/31/2023 3:36 PM
Lindsey Ballard Completed 01/31/2023 3:39 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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AGREEMENT FOR GRANT WRITING AND ADMINISTRATION SERVICES
This Agreement ("Agreement") made and entered into this 15t" day of February 2023 by
and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred
to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
and WSP USA Inc., a for-profit corporation of the State of New York duly authorized to do
business in the State of Florida ("CONSULTANT") (collectively, the "Parties').
WITN ESSETH:
WHEREAS, the COUNTY is in need of a firm to provide grant writing and grant
administration services for various projects; and 06
WHEREAS, CONSULTANT has represented that it has the requisite skills, expertise and
manpower to provide the required services.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES U)
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By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
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1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied.
1.1.2 The CONSULTANT has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
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1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information.
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1.1.4 The CONSULTANT assumes full responsibility to the extent allowed bylaw with regard to
his performance and those directly under his employ.
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1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT. U)
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1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent consultant and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONSULTANT or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
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1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
1.2 Contract Documents. This Agreement shall consist of this contract, including any and
all attachments and exhibits; the RFP, including any and all addenda; CONSULTANT'
response to the RFP, all of which are incorporated by reference in this Agreement. In the
event of any conflict between any of the Contract documents, this Agreement will control
or alternatively the one imposing the greater burden on the CONSULTANT will control.
ARTICLE II
SCOPE OF BASIC SERVICES Usi
A
2.1 Scope of Services.
The CONSULTANT's Scope of Basic Services consist of those described in Attachment
A to this Agreement. From time to time, the COUNTY shall issue Task Orders for those
services described in Attachment A and the CONSULTANT shall perform described in the
individual Task Orders in accordance with the terms and conditions outlined in this
Agreement and the specific Task Order.
By executing this Agreement, the CONSULTANT acknowledges that it has thoroughly
reviewed the documents incorporated in this Agreement and that it accepts the scope of
services to be performed and the conditions under which the work shall be performed.
2.2 CORRECTION OF ERRORS, OMISSIONS, DIFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
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2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the
COUNTY by certified mail, return receipt requested, to the following:
Mr. Cary Knight
Director of Project Management
Monroe County
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
With a copy to:
Monroe County Attorney's Office
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1111 121h Street, Suite 408 0
Key West, Florida 33040
For the CONSULTANT:
Michelle Kendall, Vice President
WSP USA, Inc.
7650 Corporate Center Drive, Suite 300
Miami, Florida 33126
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional products and services are those services not included in the Scope of Basic
Services. Should the COUNTY require additional services, they shall be paid for by the U'i
COUNTY at pricing, rates or fees as negotiated and in accordance with the competitively
bid pricing submitted by CONSULTANT in its proposal in response to the RFP,Attachment
B.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested products and services to the CONSULTANT. The
CONSULTANT shall respond with a fee proposal to provide the requested products and/or
to perform the requested services. Only after receiving a Task Order for the Additional
Services, shall the CONSULTANT proceed with the Additional Services. Any additional
services must be funded and approved by the Board of County Commissioners.
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ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide complete and accurate information and cooperation regarding
requirements for the Project including access to county offices and facilities.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to request for information submitted by the CONSULTANT in
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order to avoid unreasonable delay in the orderly and sequential progress of the
CONSULTANT's services.
4.3 Prompt written notice shall be given by the COUNTY and the CONSULTANT's
representative if either become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to Paragraph 2.3.
4.4 The COUNTY shall furnish required information and shall render approvals and decisions
as expeditiously as necessary for the orderly progress of the CONSULTANT's services.
4.5 The COUNTY's review of any information or documents prepared by the CONSULTANT
or its subcontractors shall be solely for the purpose of determining whether such
information or documents are generally consistent with the COUNTY's criteria for the
Project. No review of such information or documents shall relieve the CONSULTANT of
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responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work 0
product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY
has immediate access will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless U'i
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not >
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)
and other persons employed or utilized by the CONSULTANT in the performance of the
contract.
5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT's failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provided by the
CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT will hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall E
further defend any claims or action on the COUNTY's behalf.
5.4 This indemnification shall survive the expiration or early termination of the Agreement.
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ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project.
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ARTICLE VII
COMPENSATION and TERM
7.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT's performance of this Agreement based on quotations for each project,
each of which shall be based on the competitively bid pricing as outlined in the Proposal
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submitted by the CONSULTANT, attached hereto as Attachment B, each of which shall 0
be incorporated in each Task Order issued by the County.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act (Section 218.70, Florida Statutes).
(A) If the CONSULTANT's duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward.
(B) As a condition precedent for any payment due under this Agreement, the U'i
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly >
rendered and reimbursable expenses due hereunder. The CONSULTANT's
invoice shall describe with reasonable particularity the service rendered. The
CONSULTANT's invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY may require.
(C) The CONSULTANT shall submit to the COUNTY invoices with supporting
documentation that are acceptable to the Clerk of Courts.Acceptability to the Clerk
is based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
7.3 BUDGET AND REIMBURSABLE EXPENSES
7.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by 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.
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7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
7.3.3 Allowable Reimbursable expenses will be separately identified in each task order and are
subject to the maximum allowable contract amount. Travel expense reimbursements are
subject to the limitations of Section 112.061, Florida Statutes.
7.4 TERM OF AGREEMENT U)
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The initial term of this Agreement is for a two (2) year period commencing upon final
execution of the Agreement by the Parties ("Effective Date"). This Agreement may be
renewed upon mutual agreement of the parties for up to two (2) additional years. Any
renewal is contingent upon successful renegotiation of the hourly rates shown in
Attachment B by the parties and a written amendment to this Agreement. Any renewal of
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this Agreement must be in writing and signed by both the COUNTY and CONSULTANT. 0
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT's failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
A: VII or better, that is licensed to business in the State of Florida and that has an agent U'i
for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of
said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY i
and shall be in a form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of$100,000 per Accident, $500,000 Disease,
policy limits, $100,000 Disease each employee.
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C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising from
use of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with $100,000 per occurrence, $50,000 per person, and $25,000 E
property damage, or $100,000 Combined Single Limit
D. General Liability Insurance, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
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covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with $300,000 Limits.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 12 months following the acceptance of work
by the COUNTY.
E. Professional Liability Insurance of $300,000 per occurrence and $500,000 annual
aggregate. If coverage is provided on a claims made basis, an extended claims
reporting period of four (4) years will be required. Recognizing that the work governed
by this contract involves the furnishing of advice or services of a professional nature,
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the CONSULTANT shall purchase and maintain, throughout the life of the contract, 0
Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission
of the CONSULTANT arising out of work governed by this contract.
F. MONROE COUNTY BOCC shall be named as an additional insured and certificate
holder with respect to CONSULTANT's liabilities hereunder in insurance coverages
identified in Paragraphs C and D.
G. CONSULTANT shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required
by COUNTY during the term of this Agreement. COUNTY will not pay for increased
limits of insurance for subcontractors.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all U'i
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
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I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement 0
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
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The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgment or permission of the
CONSULTANT.
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9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD-PARTY BENEFICIARIES
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Nothing contained herein shall create any relationship, contractual or otherwise, with or 0
any rights in favor of, any third party.
9.5 TERMINATION
The Contract may be terminated by the Owner as follows:
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, Ui
the COUNTY retains the right to terminate this Agreement. The COUNTY may also 0
terminate this agreement for cause with CONSULTANT should CONSULTANT fail to >
perform the covenants herein contained at the time and in the manner herein provided.
In the event of such termination, prior to termination, the COUNTY shall provide
CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with
an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement
with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the ,i
breach. The maximum amount due to CONSULTANT shall not in any event exceed
the spending cap in this Agreement. In addition, the COUNTY reserves all rights
available to recoup monies paid under this Agreement, including the right to sue for
breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the
COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay
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CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONSULTANT shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
E. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the 06
conditions of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized
Companies with Activities in the Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria, the County shall have the option of(1) terminating the Agreement after
it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
9.6 PUBLIC ENTITIES CRIMES
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A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the 0;
construction or repair of a public building or public work, may not submit bids on leases of
real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONSULTANT under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in
Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months i
from the date of being placed on the convicted vendor list.
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By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all
monies paid hereto and may result in debarment from COUNTY's competitive
procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a"public entity crime" regardless
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of the amount of money involved or whether CONSULTANT has been placed on the
convicted vendor list.
CONSULTANTwill promptly notify the COUNTY if it or any subcontractor is formally
charged with an act defined as a "public entity crime" or has been placed on the
convicted vendor list.
9.7 MAINTENANCE OF RECORDS
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CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the final payment or termination of this agreement. Each party to this Agreement or its
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
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Agreement and for five years following the final payment or termination of this Agreement. 0
If an auditor employed by the COUNTY or Clerk determines that monies paid to
CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall
repay the monies together with interest calculated pursuant to Section 55.03, Florida
Statutes, running from the date the monies were paid by the COUNTY.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available); subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, U'i
insurance rebates and dividends; any other supporting evidence deemed necessary by
COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter >
referred to as "County Clerk") to substantiate charges related to this Agreement, and all
other agreements, sources of information and matters that may in 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 of 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 computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors' representatives. All records shall be kept for ten (10) years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit
of records, assets, and activities relating to this Project. If any auditor employed by the
COUNTY or County Clerk determines that monies paid to CONSULTANT pursuant to this E
Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT
shall repay the monies together with interest calculated pursuant to Section 53.03, Florida
Statutes running from the date the monies were paid to the CONSULTANT. The right to
audit provisions survive the termination or expiration of this Agreement.
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9.8 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term of
this Agreement by or between any of them, the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
9.9 SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application thereof 0
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.10 ATTORNEYS FEES AND COSTS
The COUNTY and CONSULTANT agree that, in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement U'i
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award >
against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
9.11 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
i
9.12 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law. Each party agrees that it has had ample opportunity
to submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
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9.13 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement. Any
conditions imposed as a result of funding that affect the Project will be provided to each
party.
9.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This Agreement is not subject to arbitration. This
provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.16,
06
Paragraph 9.19, Paragraph 9.20 and Paragraph 9.21 concerning termination or 0
cancellation.
9.15 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance
of this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.16 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
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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 party, effective the date of the court order.
CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the 2,
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI I I of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
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USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
06
1) The CONSULTANT will not discriminate against any employee or applicant for 0
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The CONSULTANT will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The CONSULTANT agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth the provisions of this nondiscrimination
clause.
2) The CONSULTANT will, in all solicitations or advertisements for employees U'i
placed by or on behalf of the consultant, state that all qualified applicants will 0
receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
3) The CONSULTANT will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, 2,
including an investigation conducted by the employer, or is consistent with the
consultant's legal duty to furnish information.
4) The CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representative of the consultant's commitments under this section and shall
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post copies of the notice in conspicuous places available to employees and
applicants for employment.
5) The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The CONSULTANT will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations, U)
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
7) In the event of the CONSULTANT's non-compliance with the nondiscrimination
06
clauses of this contract or with any of the said rules, regulations, or orders, this 0
contract may be canceled, terminated or suspended in whole or in part and the
consultant may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The CONSULTANT will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subconsultant or vendor. The CONSULTANT will take such action U'i
with respect to any subconsultant or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the
CONSULTANT becomes involved in, or is threatened with, litigation with a
subconsultant or vendor as a result of such direction by the administering
agency the CONSULTANT may request the United States to enter into such
litigation to protect the interests of the United States.
9.17 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest,which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement. 2,
9.18 CODE OF ETHICS
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COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
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misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.19 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES
CONSULTANT warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this U)
provision the COUNTY may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
F
9.20 NO SOLICITATION/PAYMENT 06
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 Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and U)i
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision
by CONSULTANT. CONSULTANT shall be referred to herein also as "Contractor" for this
provision only:
Public Records Compliance. CONSULTANT must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The COUNTY and CONSULTANT shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT
in conjunction with this contract and related to contract performance. The COUNTY shall
have the right to unilaterally cancel this contract upon violation of this provision by the
CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall
be deemed a material breach of this contract and the COUNTY may enforce the terms of
this provision in the form of a court proceeding and shall, as a prevailing party, be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
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The CONSULTANT is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the CONSULTANT is required to:
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
CONSULTANT does not transfer the records to the COUNTY.
06
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public 0
records in possession of the CONSULTANT or keep and maintain public records that
would be required by the COUNTY to perform the service. If the CONSULTANT transfers
all public records to the COUNTY upon completion of the contract, the CONSULTANT
shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the CONSULTANT keeps and maintains public
records upon completion of the contract, the CONSULTANT shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the COUNTY, upon request from the COUNTY'S custodian of records, in a
format that is compatible with the information technology systems of the COUNTY.
(5)A request to inspect or copy public records relating to a COUNTY contract must
be made directly to the COUNTY, but if the COUNTY does not possess the requested
records, the COUNTY shall immediately notify the CONSULTANT of the request, and the
CONSULTANT must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time. U'i
If the CONSULTANT does not comply with the COUNTY'S request for records, the
COUNTY shall enforce the public records contract provisions in accordance with the i
contract, notwithstanding the COUNTY'S option and right to unilaterally cancel this
contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails
to provide the public records to the COUNTY or pursuant to a valid public records request
within a reasonable time may be subject to penalties under Section119.10, Florida
Statutes.
The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless as otherwise provided in this provision or as otherwise
provided by law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
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BRADLEY-BRIAN(WONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY
WEST, FL 33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES 06
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees
of the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case U,
the performance may be offered in satisfaction of the obligation or responsibility.
A
9.25 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES
i
This Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
9.26 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this i
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
c�
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9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete,
and current at the time of contracting. The original contract fee and any additions thereto
shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete, or concurrent wage rates and
other factual unit costs. All such adjustments must be made within one year following the
end of the Agreement.
9.28 NO PERSONAL LIABILITY
06
No covenant or agreement contained herein shall be deemed to be a covenant or 0
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.29 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION
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It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, 0
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 Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with 2 C.F.R. § 200.321, as set forth in
detail below, applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subconsultants shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts, entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONSULTANT with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONSULTANT shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
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b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists; �-
2. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which U)
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6. Requiring the Prime consultant, if subconsultant's are to be let, to take the
06
affirmative steps listed in paragraph (1) through (5) of this section. 0
9.31 E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
CONSULTANT and any subconsultant shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status
of all new employees hired by the CONSULTANT during the term of the Contract and shall
expressly require any subconsultants performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the work authorization status of all new employees hired by the
subconsultant during the Contract term. Any subconsultant shall provide an affidavit
stating that the subconsultant does not employ, contract with, or subconstruct with an
unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions
of Section 448.095, Florida Statutes. U'i
9.32 UNCONTROLLABLE CIRCUMSTANCE
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Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONSULTANT's financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
CONSULTANT under this Section. CONSULTANT shall give County written notice within E
7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable
Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
CONSULTANT shall use all diligent efforts to end the Uncontrollable Circumstance,
ensure that the effects of any Uncontrollable Circumstance are minimized and resume full
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performance under this Agreement. The County will not pay additional cost as a result of
an Uncontrollable Circumstance. The CONSULTANT may only seek a no cost extension
for such reasonable time as the Owners Representative may determine.
9.33 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as
amended, including but not limited to: U)
0)
2
9.33.1 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONSULTANT agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-
7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-
1387) and will report violations to FEMA/Federal Agency and the appropriate Regional
06
Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 0
7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—applies to Contracts and subgrants of amounts in excess of $150,000. The
consultant agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA/Federal agency.
The Consultant agrees to report each violation to the COUNTY, understands, and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
9.33.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, which includes Emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program,
all prime construction contracts in excess of$2,000 awarded by non-Federal entities must
comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as U'i
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted >
Construction"). In accordance with the statute, contractors must be required to pay wages
to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required
to pay wages not less than once a week. If applicable, the County must place a current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The COUNTY must report all suspected or reported violations to
the Federal awarding agency.
i
When required by Federal program legislation, which includes Emergency Management
E
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
contractors, in contracts for construction or repair work above $2,000 in situations where
the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
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or in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
0
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses. 06
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees
engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act
during the preceding weekly payroll period. The report shall be delivered by the contractor
or subcontractor, within seven days after the regular payment date of the payroll period,
to a representative of a Federal or State agency in charge at the site of the building or
work.
9.33.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, Ui
which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of $100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
CONSULTANT must compute the wages of every mechanic and laborer on the basis of a
standard work week of forty (40) hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of forty (40) hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous. These requirements i
do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work, which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
Page 21 of 28
Packet Pg. 625
C.11.a
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation;liability for unpaid wages;liquidated damages. In the event of any violation
of the clause set forth in paragraph (b)(1) of this section, the CONSULTANT and
any subconsultant responsible therefor shall be liable for the unpaid wages. In
addition, such CONSULTANT and subconsultant shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated Damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(b)(1) of this section, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth
in paragraph (b)(1) of this section.
06
(3) Withholding for unpaid wages and liquidated damages. The Federal agency shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the CONSULTANT or subconsultant under any such
contract or any other Federal contract with the same CONSULTANT, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same CONSULTANT, such sums as may be determined
to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant for
unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts
the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
requiring the subconsultants to include these clauses in any lower tier subcontracts.
The CONSULTANT shall be responsible for compliance by any subconsultant or Ui
lower tier subconsultant with the clauses set forth in paragraphs (1) through (4) of
this section. >
9.33.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing i
regulations issued by the awarding agency.
9.33.5 Debarment and Suspension (Executive Orders 12549 and 12689).A contract award under
a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3
C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235),
"Debarment and Suspension" and the Department of Homeland Security's regulations at
2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
Page 22 of 28
Packet Pg. 626
C.11.a
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at a ,, irmi.,:.2o.y. Contractor
is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935)
or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940)
or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to
comply with these regulations in any lower tier covered transaction it enters into. This
certification is a material representation of fact relied upon by the COUNTY. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or Proposer
further agrees to include a provision requiring such compliance in its lower tier covered
06
transactions.
9.33.6Byrd Anti-Lobbying Amendment (31 � U.S.C. 1352). CONSULTANTS that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)
to the awarding agency. If award exceeds $100,000.00, the attached certification must be
signed and submitted by the contractor to the COUNTY.)
9.33.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. Ui
CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designed in guidelines of the Environmental Protection
Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition,where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. In the performance of this contract, the Contractor shall make maximum use
of products containing recovered materials that are EPA-designated items unless the
product cannot be acquired
0
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
E
3. At a reasonable price.
Page 23 of 28
Packet Pg. 627
Information about this requirennerd, along with the list of EPA-designated ihenns, is
available at EP/\s Comprehensive Procurement Guidelines vvebsihe.
The Contractor also agrees to comply with all other applicable requirements of Section
0OO2of the Solid Waste Disposal Act.
9.33.8 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR � . Recipients and subreoipients and their contractors and —
subcontractors may not obligate or expend any federal funds to (1) Prooure or obtain;
(2) Extend or renew contract to procure or obtain; or (3) Enter into a contract (or extend
or renew a contract) to procure or obtain equipment, servioes, or systems that uses �
�
covered telecommunications equipment or services as a substantial or essential
component of any sysem, or as critical technology as part of any system. As described '
in Public Law 115-232. section 889, covered telecommunications equipment is -�
telecommunications equipment produced by Huavvei Technologies Company or ZTE 06
Corporation (or any subsidiary or affiliate of such enddes).
h\ For the purpose of safety, seourih/ of facilities, physical security �
` ^ . ' .
surveillance of ohdoa| infnastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by H\tena Communications �
�
Corporation, Hangzhou Hikvision Digital Technology Company. or Oahua Technology �
Company (or any subsidiary or affiliate of such enddes). .�
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
hii\ Te|eoommunioations or video surveillance equipment or services produced or =
provided by an entity that the Secretary of Defense, in consultation with the Director of the �~
National Intelligence or the Director of the Federal Bureau of |nvesd0adon, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
of covered foreign country. -|
9.33.9 he COUNTY '
and CONTRACTOR shou|d, to the greatest extent practioab|e, provide a preference for 2
the purohase, aoquisidon, or use ofgoods, products, or materials produced in the United
States (including but not limited to iron, a|uminum, stee|, oement, and other
manufactured products). The requirements of this section must be included in all -
subavvards including contracts and purchase orders for work or products under federal
award. For purposes Of this section:
/1) "Produced in the United G�a�es'' means for steel products, �hod a|| mp
` ' . .
manufacturing processes, from the initial melting stage through the application of coatings, |
occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
�
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;
and lumber.
Other Federal and FEMA Requirements (as applicable)
9.33.10 . The CONSULTANT will <
comply with all the requirements as imposed by the ADA, the regulations of the Federal
Page 24oI28
C.11.a
government issued thereunder, and the assurance by the CONSULTANT pursuant
thereto.
9.33.11The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
CONSULTANT during the term of the Contract and shall expressly require any
subconsultants performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the Contract U)
term. 0
9.33.12 Program Fraud and False or Fraudulent Statements or Related Acts. The CONSULTANT
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the CONSULTANT'S actions pertaining to this contract.
06
9.33.13 Access to Records. Consultant and their successors, transferees, assignees, and 0
subcontractors acknowledge and agree to comply with applicable provisions governing
the Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FEMA) access to records, accounts, documents, information, facilities, and
staff. Contractors/Consultants must: (1) Cooperate with any compliance review or
complaint investigation conducted by DHS; (2) Give DHS access to and the right to
examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable
laws or program guidance; and (3) Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to support the
reports.
9.33.14 No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal U'i
entity, contractor, or any other party pertaining to any matter resulting from the contract. 0
9.33.15 DHS Seal, Logo, and Flags. The CONSULTANT shall not use the Department of
Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval. The CONSULTANT shall include this
provision in any subcontracts.
9.33.16 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The CONSULTANT will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
9.33.17 Changes to Contract. The CONSULTANT understands and agrees that any cost
resulting from a change or modification, change order, or constructive change of the
agreement must be within the scope of any Federal grant or cooperative agreement that
may fund this Project and be reasonable for the completion of the Project. Any contract
change or modification, change order or constructive change must be approved in writing
by both the COUNTY and CONSULTANT.
Page 25 of 28
Packet Pg. 629
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
w
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
U)
By: By:
As Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEYS OFFICE E
APPROVED AS TO FORM
-URDANETA
MICHELE SUDAY
Notary Public-State of Florida
S41�FU T 00
commission#HH 81587 NITYMORNEY
My Commission Expires DATE: 1-94-9093
November 06, 2024
(Seal) CONSULTANT: WSP USA, INC.
Attest:
'i E
T 0'r
Title-!;Ik . t�, ,,Mk W%- Title: Pr A,
E
E
Page 26 of 28
1 Packet Pg. 630
C.11.a
Attachment A- Scope of Services
Consultant shall provide Grant Writing and/or Administration Services. Services shall include
writing and/or management of the overall grant process including administrative compliance with
technical construction activities.
2
The Scope of Services shall include identifying and recommending possible grant opportunities
to the County and assistance with writing the grant applications. Services may also encompass
the administration of awarded grants including assistance with reporting requirements,
reimbursement requests, verifying compliance documents, and closeout documentation.
06
Work will be assigned to the firm for individual Projects through the issuance of a task order on a
project-by-project basis.
i
A
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Page 27 of 28
Packet Pg. 631
C.11.a
Attachment B- CONSULTANT Hourly Rates
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m'`� �'.Iwl
a.a
Oversee successful delivery of project scope, schedule,
and budget. Serve as primary point of contact for
Project Manager $ 184.71 Monroe County, lead progress meetings with County
staff as well as consultant team staff.
Overall responsibility for the Firm's successful completion of
the Project and performance under this Agreement.
06
Project Principal $ 300.80 Represent the company in the contract negotiations or any
major contractual disputes.
Grant Writer 1 $ 114.93 Research grant opportunities and develop grant narratives.
Grant Writer 11 $ 141.38 Prepare more complex elements of grant applications.
Senior Grant Writer $ 190.85 Provide oversight and quality control.
Support the grant development team with guidance on
Senior Technical Advisor °
$ 213.89 highly technical aspects of grant applications.
Planner/Graphic Support for grant narrative development,document
Support $ 106.09 formatting and graphics as needed. �y
Benefit-Cost Analyst
$ 103.98 Prepare the benefit-cost analysis as required by specific grant
programs.
I
Senior Benefit-Cost Prepare highly complex aspects of benefit-cost
Analyst $ 225.74 analysis and quality control. y
Project Accountant j $ 99.62 Prepare and assess project financial performance. I
Construction
Compliance $ 98.34 Provide administrative compliance with technical
Sr. Construction Senior level oversight of compliance with construction
Compliance $ 267.31 activities and quality control.
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Page 28 of 28
Packet Pg. 632
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REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
SUBMISSION RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING,ROOM 2-213
1100 SIMONTON STREET
KEY WEST,FLORIDA 33040
en
RESPONSE FROM: WSP USA Inc.
1 have included:
• The Submission Response Form
• Lobbying and Conflict of Interest Clause
• Non-Collusion Affidavit V,
• Drug Free Workplace Form
• Public Entity Crime Statement E
—X_
• Vendor Certification Regarding Scrutinized Companies
06
• Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
• Respondent's Insurance and Indemnification Statement
• Insurance Agent's Statement
• Acknowledgment of Addenda Form
0
Mailing Address: 7650 Corporate Center Drive, Suite 300 Telephone: 305-514-3100
E
0
Miami, Florida 33126 Fax: 2
Date: 12/12/22
Email: michelle.kendall@wsp.com
U)
E
S] 0
U_
Signed: Witnel.-�_
(Witness signature)
0
Michelle Kendall U
V'�(Witne��printed�name�)
(Print Name)
E
-t6p_�*
(Title) <
Page 19 of 57
1 Packet Pg. 634
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
WSP USA Inc.
(Company)
U)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any 0
.2
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
E
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
06
County officer or employee". 0
(Signature)
Date: 0 c0
E
STATE OF:
COUNTY OF:
U)
Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online E
0L_
U_
notarization, on ate)
by (name of affiant). HetRs personally 0
L)
4i
known to me or has produced (type of identification)as
E
identification.
MICHELE BUDAY-URDANETA NOTARY PUBLIC
is Notary Public-State of Florida
E4mission#HH 61587
Tm commission Expires @LaA
c' My commission expires:
November 08, 2024
Page 20 of 57
1 Packet Pg. 635
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
NON-COLLUSION AFFIDAVIT
| Michelle Kendall WSP USA Inc.
according to law on my oath, and under penalty of perjury, depose and say that:
1. | e
of the firm of \8/SP USA Inc.
the proposer making the Proposal for the project daonribedinthenmticeforom||ingfor
proposals for:
-
Grant Writing Administration� Services
and that| executed the said proposal with full authority tudoso;
�
2. The prices in this proposal have been arrived at independently without ooUuoion,
consultation, cmrnn)uninmUon or agreement for the purpose of restricting compedition, as
to any matter relating to such prices with any other proposer or with any competitor; and =
3. Unless otherwise required by |avx, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed a
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or 06
to any competitor; and '
4. No attempt has been made or will be made by the proposer to induce any other person, -
partnership or corporation to submit, or not to aubnnit, m proposal for the purpose of
restricting competition; and �
�
5. The statements contained in this affidavit are true and conect, and made with full 0
knowledge
Ad I Li z
(Signature ofProposer) (Date)
STATE OF: -
COUNTY OF: E
Subscribed d sworn to(or physical presence orUonline U_
notarization, on <9C)@@ (date)
by (name oYa0iant). H personally ~~
known tomneor has produced (type of identification)eo
identification.
MICHELE B'UDAY-URDANETA NOTARY PUBLIC
b -State of Florida
ps Notary Public
My commission expires:
Page 21of 57
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
VVSP USA Inc.
(Name ofBusiness)
1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,
poaaeouion, or use of controlled substance in prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
to
2. Informs employees about the dangers of drug abuse in the wmrkp|ane, the business's policy of —°
maintaining a drug-free workplace, any available drug counoe|inD, rehabilitation, and employee to
assistance prngrmma, and the penalties that maybe imposed upon employees for drug abuse
violations.
�
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. |n the statement specified in subsection (1). notifies the employees that, aoa condition ofworking �
on the commodities or contractual services that are under proposal,the employee will abide bythe
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nn|o
contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of �
the United States or any state,for a violation occurring in the workplace no later than five(5)days 06
after such conviction.
5 Imposes on or satisfactory in mdrug abuse oeoi�mnc� o�
�
rehabilitation program if such is available in the employee's community,or any employee who is so
convicted.
G Makes —
.
this section. 0ion� °=
As the person authorized to sign the statement, | certify that this finn complies fully with the above
requirements.
1 :) � I�L_Z_ 3:to
Date U)
STATE OF: u_
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of Kphy�ical presence or 0 online
notarization,on (date)by (name of affiant).
He(&.- personally known to me or has produced (type of identification)
as identification. �
yp ry Public-State of Florida My commission expires: k e:�,\
My Commission Expires
Page 22nf57
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
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
mnUtv, may not submit a bid on e contract with a public entity for the construction or repair of
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor,supplier, subcontractor,or CONSULTANT under 00
�
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 2M7017 Florida ���ut�m f�r�/�7E��CJ��YT`�'C}for mw
. . . 3:
o period of38 months from the do&o of being placed on the convicted vendor list."
| have maed the above and state that neither WSP USA Inc. �
(Proponer'e name) nor any/Wfi|iutehas been placed on the convicted vendor list within the last
thirty-six (3G) months.
`—"n----' 06
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn ho (or affirmed) before me, by means of physical presence or[] online
notarization, on (date)
by /n�mg��g#i�Ot\ H�/�h��ia personally
—
` ' ��� =~|
known to nnm or has produced (type of identification)as
identification.
NOTARY PUBLIC
O�y Public-State of Florida My commission expires:___\�\i��Ca�A
1,14
My Commission Expires
Page 23uf 57
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LUSTS
Project 0enorpUon(o)' Grant Writing &Administration Services
Respondent Vendor Name:WSP SA Inc.
VendorFE|N: F111531569
Vendor's Authorized Representative Name and Title: Michelle Kendall
Address: 7650 Corporate Center Drive, Suite 300
city: K8i�Oli Staha' FloridaZip: 33128
� � .
Phone Number 305 514 31OO Email Address: michelle.kendall@wsp.co
Section 287.135. Florida Statutes prohibits e company from bidding on, submitting m proposal for, or
anbshnA into or renewing e contract for goods or services of any amount if, at the time of contracting or �
renewal,the company ioon the Scrutinized Companies that Boycott Israel List,created pursuant 0uSection u�
215.4725. Florida 8bdutea, or is engaged in o Boycott ofIsrael. Section 287.135. Florida Gtatubao, also
prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for
�
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
06
Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to o. 215.473. Florida Statubas, orioengaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that �
�
Boycott Israel List or engaged ino boycott of Israel and for Projects of$18OOUUOormoneiennt|i��don
. . 0
either the ScruUnizodCompanies with Actividmain Sudan List,the ScmUnizedCompanies with Acdvitiuoin .=
the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may
subject company to civil penalties, attorney's fees,and/or costs. I further understand that any contract with
the County may be tamninated, at the option of the County, if the company is found to have submitted m <
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized mw
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba orSyria.
Certified By� Michelle L. Kendall .who ioauthorized
bn sign on behalf uf the above reference dc mpany. 0
U
Authorized ^°
PhntName:
Vice President
Title:
Note:The List are available at the following Department ofManagement Services Site:
aa.Cnygri�da.com/bus�nesr�-op.�Lcatip-q,t.,,/�at@t@-Rgmh-a-s-ln-a/v—eii�L(iUnforma—tion/coriyLqLQd-"Us
,ended discrirninatgrX_qgmp1ajnta vendor Hsts
Page 24oyS7
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
Certification Regarding
Debarment,Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient,lAi LLrJ 6�-Ver."certifies, by submission
of this document,that neither it nor its principals is presently debarred,suspended, proposed for
debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency. CL
(2) Where the Recipient's contractor is unable to certify to the above statement,the prospective
contractor shall attach an explanation to this form.
U)
CONTRACTOR: 0
WSP USA Inc.
E
Vmrl.YJ 9, 41-1-Aa 'a
Sign ire Recipient's Name <
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Michelle Kendall, Vice President
Name and Title Division Contract Number
7650 Corporate Center Drive, Suite 300
Street Address FEMA Project Number
Miami, Florida 33126 0
City,State,Zip
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Date
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Page 25 of 57
1 Packet Pg. 640
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
RESPONDENT'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy
limits (n
$100,000 Bodily Injury by Disease, each
employee
General Liability, including $300,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability (n
Personal Injury Liability S
E
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Business Automobile Liability $100,000 Combined Single Limit
(Owned,non-owned and hired vehicles)
If split limits are preferred:
$50,000 Per Person
$100,000 Per Occurrence 0
$25,000 Property Damage
E
Professional Liability $300,000 per Occurrence
$500,000 Aggregate
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, vendor shall defend, indemnify and hold the County and U)
E
the County's elected and appointed officers and employees harmless from and against (i) any 0L_
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate U_
proceedings, or other proceedings relating to an type of injury (including death), loss, damage,
fine,penalty or business interruption, and(iii)any costs or expenses that may be asserted against, 0
initiated with respect to,or sustained by,any indemnified party by reason of,or in connection with, U
(A) any activity of vendor or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, E
errors or other wrongful act or omission of vendor or any of its employees,agents,sub-contractors
or other invitees, or (C) vendor's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contractors or invitees (other than
vendor). The monetary limitation of liability under this contract shall be not less than $1 million
per occurrence pursuant to F. S.725.06. Insofar as the claims,actions,causes of action, litigation,
Page 26 of 57
1 Packet Pg. 641
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the vendor's failure to purchase or maintain the required insurance, the
vendor shall indemnify the County from any and all increased expenses resulting from such delay.
Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the
plans and specifications provided by the vendor, the vendor agrees and warrants that the vendor 0-
shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the County's behalf.
The first ten dollars($10.00)of remuneration paid to the vendor is for the indemnification provided U)
for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere in the Agreement. E
06
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
0
WSP USA Inc.
Respondent Signature
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Page 27 of 57
1 Packet Pg. 642
REQUEST FOR PROPOSALS:
GRANT WRITING AND ADMINISTRATION SERVICES
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named above. The following deductibles apply to
the corresponding policy.
0
POLICY DEDUc,rIBLES
GLO 9835819-09 $250,000
AS7-621-094060-032 $250,000
WA7-62D-094060-012 $150,000
U)
QPL0022630 $250,000 cos
Liability policies are X Occurrence x
Claims Made
IT
Arthur J. Gallagher
Insurance Agency Signature 06
Garrett Gross
Print Name:
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Page 28 of 57
1 Packet Pg. 643