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Item J01
J.1 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: J.1 Agenda Item Summary #11878 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 N/A AGENDA ITEM WORDING: Approval of a 4-year continuing services contract, with options for renewal on an annual basis for two additional years, with AECOM Technical Services, Inc. for Transportation Planning Services. ITEM BACKGROUND: The County currently has a Continuing Services Contract with AECOM Technical Services, Inc. for Transportation Planning Services. The current contract expires on May 17, 2023. The transportation planning assistance contract is funded under a Joint Participation Agreement (JPA) GIA71 with the Florida Department of Transportation. Under the contract, the transportation planning services include completing the US 1 Arterial Travel Time and Delay Study, which is conducted biennially. Additionally, assistance will be provided for private development review; maintenance and updates to the long-range transportation plans, comprehensive plan and/or land development code, as necessary; and coordination between land use and transportation planning in the Florida Keys. The contract provides for traffic impact studies, concurrency management, and other traffic/transportation engineering services. In December 2022, Monroe County advertised a notice of RFQ for Transportation Planning Services. The RFQ seeks qualified engineers for a 4-year Continuing Services Contract for transportation planning assistance, with options to renew on an annual basis for two additional years. The County received and opened three (3)responses to the RFQ on January 18, 2023. On January 27, 2023, the selection committee for the RFQ held a public meeting to score and rank the responses in accordance with the scoring criteria identified in the RFQ. Based on the totals of the selection committee members' scores for each respondent, staff recommended that the County negotiate a contract with the highest scoring firm: AECOM Technical Services, Inc. (AECOM). On March 22, 2023, the BOCC gave approval to negotiate a contract with AECOM Technical Services., the highest ranked firm. Packet Pg. 1953 J.1 PREVIOUS RELEVANT BOCC ACTION: February 16, 2011 - Approval of a 4-year continuing services contract, with options for renewal on an annual basis for two additional years, with URS Corporation Southern (URS) for Transportation Planning Services. January 2015 - Approval of first option to renew Continuing Services Contract through March 15, 2016 with URS. January 2016 - Approval of second option to renew Continuing Services Contract through March 15, 2017 with URS. November 2016 - Approval of third option to renew Continuing Services Contract through June 1, 2017 with URS. November 2016 - Approval to advertise RFQ for Transportation Planning Services. March 15, 2017-Approval of consultant selection and negotiations for Continuing Services Contract with AECOM Technical Services, Inc. October 21, 2020 - Approval to advertise RFQ for Transportation Planning Services. March 15, 2017—Approval of consultant selection and negotiations for continuing Services contract with AECOM Technical Service, Inc. May 17, 2017 - Approval of a 4-year continuing services contract, with options for renewal on an annual basis for two additional years, with AECOM Technical Service, Inc. for Transportation Planning Services. February 2021 - Approval of first option to renew Continuing Services Contract through May 17, 2022. March 2022 - Approval of second option to renew Continuing Services Contract through May 17, 2023. March 22, 2023 —Approval of consultant selection and negotiations for continuing Services contract with AECOM Technical Service, Inc. CONTRACT/AGREEMENT CHANGES: Approval of new contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Attachment 1_HOURLY RATES 2023 04 COI Aecom Signed Exp 4 12024 Contract for Transportation Planning Services REVISED not executed CAO signed REV FINANCIAL IMPACT: Effective Date: Packet Pg. 1954 J.1 Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: 50519-GW1901 (FDOT GRANT JPA G1A71) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: JPA G1A71 County Match: Insurance Required: Additional Details: Joint Participation Agreement(JPA) G1A71 with the Florida Department of Transportation (FDOT) provides funding for the county's transportation planning program of$1,200,000 through June 30, 2024. On February 15, 2023 the BOCC approved Joint Participation Agreement(JPA) G21182 with the Florida Department of Transportation (FDOT) provides funding for the county's transportation planning program of an additional $600,000 through June 30, 2025. 11/22/16 NEW COST CENTER ADDED $50,000.00 REVIEWED BY: Emily Schemper Completed 04/03/2023 9:49 AM Christine Limbert Completed 04/03/2023 12:03 PM Purchasing Completed 04/03/2023 12:26 PM Budget and Finance Completed 04/03/2023 12:33 PM Brian Bradley Completed 04/03/2023 1:55 PM Lindsey Ballard Completed 04/03/2023 3:44 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 1955 R LO m T T n. 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THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE4 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michelle M.de la Cruz Marsh Risk&Insurance Services NAME: PHONE CA License#0437153 AI CC No, o Ext: 213-624-5132 plc,No: 633 W.Fifth Street,Suite 1200 E-MAIL ADDREss: michelle.m.delacruz@marsh.com Los Angeles,CA 90071 Attn:LosAngeles.CertRequest@Marsh.Com INSURER(S)AFFORDING COVERAGE NAIC# CN 10 1 348564-STND-GAU E-23-24 03 2023 INSURER A:ACE American Insurance Company 22667 INSURED INSURER B:N/A N/A AECOM AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Cc 27960 110 East Broward Boulevard INSURER D:SEE ACORD 101 0 Suite 700 Fort Lauderdale,FL 33301 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002671337-01 REVISION NUMBER: CL t) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR IN D WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY HDOG47334275 04/01/2023 04/01/2024 EACH OCCURRENCE $ 1,000 DAMAGE TO RENTED O CLAIMS-MADE X OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ 1,000 U r BY •- zu,., MED EXP(Any one person) $ 0 DATE 41312023 PERSONAL&ADV INJURY $ 1,000 .. �� (� GEN'L AGGREGATE LIMIT APPLIES PER:JECT WAIVER N/A_YES GENERAL AGGREGATE $ 1,000 0 _ X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000 t OTHER: $ A AUTOMOBILE LIABILITY ISA H10735531 04/01/2023 04/01/2024 COMBINED SINGLE LIMIT $ 1,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ C14 CD OWNED SCHEDULED BODILY INJURY(Per accident) $ N AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) $ $ t x UMBRELLALIAB OCCUR EACH OCCURRENCE $ UU EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ �9 D WORKERS COMPENSATION SEE ACORD 101 04/01/2023 04/01/2024 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000 OFFICER/MEMBER EXCLUDED? N NIA O (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000 If yes,describe under 1,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. EON G21654693 005 04/01/2023 04/01/2024 Per Claim/Agg 2,00( t) PROFESSIONAL LIAB. "CLAIMS MADE" Defense Included CD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (y RE: Transportation Planning Professional Services for Monroe County Q CN Monroe County Board of Commissioners,its employees,officials and officers are named as additional insured for GL&AL coverages,but only as respects work performed by or on behalf of the named insured ar where required by written contract. E U CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Attn:Risk Management Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE 7y W41 @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1958 J.1.b AGENCY CUSTOMER ID: CN101348564 LOC#: Los Angeles ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 110 East Broward Boulevard Suite 700 Fort Lauderdale,FL 33301 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance CL Workers Compensation/Employer Liability cont. Policy Number Insurer States Covered O WLR C50710129 Indemnity Insurance Company of North America-NAIC#43575 AOS C WLRC50710014 ACE American Insurance Company-NAIC#22667 MA SCF C50710257 ACE Fire Underwriters Insurance Company-NAIC#20702 WI Retro U O L) 4- 0 O t t N CD C®1 t x UJI en O U U Cn C®1 CD C®1 E U ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1959 J.1.c CONTRACT FOR TRANSPORTATION PLANNING PROFESSIONAL SERVICES THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER (the "Contract" or "Agreement") is made and entered into this day of U 2023 by and between Monroe County ("Owner" or"County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), AND AECOM Technical Services, Inc., the ("Engineer"), a for-profit corporation authorized to do business in the State of Florida, whose address is 2 Alhambra Plaza, Suite 900, Coral Gables, FL g 33134, its successors and assigns (hereinafter referred to as "CONTRACTOR", "CONSULTANT" or"ENGINEER". RECITALS: > w WHEREAS, this contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Four Million Dollars ($4,000,000.00), or for study activity if the fee for 0 professional services for each individual study under the contract does not exceed Five Hundred U Thousand Dollars ($500,000.00); and c� WHEREAS, the parties shall enter into a separate task order for each study awarded to the X Engineer by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and W conditions applicable to that specific task order; and > w WHEREAS, the terms and conditions of this Contract shall apply to any task order or separate U) contract, if required, unless expressly modified in the provisions of the separate contract. Where 2.1 the terms of this Contract differ from the terms of the separate contract, the terms of the separate 0 contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Engineer agree: C 0 c� 0 U c� Contract For Transportation Planning Professional Services Packet Pg. 1960 J.1.c FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Engineer makes the following express representations and warranties U to the Owner: 0 1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is licensed to practice Engineering by all public entities having jurisdiction over the Engineer and the tasks/work to be performed; 1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations .2 necessary to act as Engineer for the task/work to be performed until the Engineer's duties hereunder have been fully satisfied; 1.1.3 The Engineer shall prepare all documents that may be developed under this Contract including, but not limited to, all contract plans and specifications, transportation plans, design and opinions/recommendations on transportation projects, in such a manner that they shall be in U) conformity and comply with all applicable law, codes and regulations. The Engineer warrants that any documents prepared as a part of this Contract will be adequate and sufficient to is accomplish the purposes of the task order, therefore, eliminating any additional construction cost or design cost due to missing or incorrect design elements in the contract documents; a� X 1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Engineer of Record. 1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with > professional skill and care and the orderly progress of the Work. The Engineer shall submit, for W the Owner's and Monroe County Planning & Environmental Resources Department's U) information, a schedule for the performance of the Engineer's services which may be adjusted as task order proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Planning & Environmental Resources Department's review, and for approval of submission by authorities having jurisdiction over the task order. Time limits established by this schedule and approved by the Owner may not be exceeded by the Engineer except for delay caused by events not within the control of the Engineer or foreseeable by him. 1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all 0 applicable statutes, ordinances, rules and regulations pertaining to, or regulating 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 0 COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Engineer. 0 U c� Contract For Transportation Planning Professional Services Packet Pg. 1961 J.1.c ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICE 2.1 DEFINITION Engineer's Basic Services consist of: U c Task 1 —Annual US 1 Arterial Travel Time and Delay Studies 0 1. Purpose The travel time studies will be used to monitor the level of service on US 1 based on Monroe County Comprehensive Plan Policies and Land Development Codes for concurrency .2 management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task W Force and approved by the County, the Florida Department of Transportation, and the Florida > Department of Community Affairs (now the Florida Department of Economic Opportunity). 2. Minimum Activities to Complete Study A. Using the floating car method, the County will record travel time, speed, and delay 0 data for: U 1. Each of the 24 segments of US 1 from Florida City to Stock Island, and 2. The length of US 1 from Miami-Dade County line to Cow Key Channel B. The data will be recorded by date, day of week,time of day, and direction. X C. The study will be conducted over 14 days within the six week period from February 15 to March 31. The study will consist of 14 round trip runs, sampling each day of the week twice. w D. The study may be required to include supplemental runs in the southbound direction 5; within Segments 1 to 4 during AM peak (7 a.m. - 8 a.m.) on Wednesday, Thursday W and Friday of the second week and supplemental runs in the northbound direction U) within Segments 1 to 4 during the PM Peak (5 p.m. - 6 p.m.) on Wednesday, 2.1 Thursday, and Friday of the second week. The results of the supplemental runs may 0 be included in the 2023 ATTDS Report for informational purposes only and will not be used in overall LOS calculations. This information will be reviewed to decide if supplemental runs should be incorporated into future ATTDS and LOS calculations, as directed by the Monroe County BOCC. E. The study schedule will be coordinated with seven day, 24 hour traffic counts to be 2 conducted by FDOT in Islamorada, Marathon, and Big Pine Key. F. The study will employ the staggered schedule of departure times previously U) approved by the Task Force so as to record peak hour conditions in as many a different locations as possible. G. The study results will be summarized in a report format including a series of tables 0 and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. U Task 2: General Transportation Planning Assistance c� 1. Purpose The purpose of this task is to provide assistance to the Monroe County Planning & Environmental Resources Department staff for the purpose of maintaining and updating the Contract For Transportation Planning Professional Services Packet Pg. 1962 J.1.c Long Range Transportation Plan, to ensure that transportation concurrency requirements are met by public and private development, and other tasks necessary to maintain a high level of coordination between land use planning and transportation planning activities in the Florida Keys. This task will provide assistance for general transportation planning and analysis activities, including data collection and technical support. 2. Activities U The transportation planning consultant will provide assistance to Monroe County Planning & Environmental Resources Department in the following areas: > A. Review of private development site plans for internal traffic flows and access; B. Preparation of traffic impact reports; C. Review of access management issues; D. Development of access management plans; E. Origin-destination studies; F. Attendance at appropriate public meetings and hearings; G. Trip generation rates for land uses; H. Provision of review comments on relevant transportation documents prepared by > other agencies; I. Review of transportation element of reports and plans prepared by County staff in support of the comprehensive plan amendments; J. Systems planning analysis (including running the FSUTMS model or other 0 transportation planning models) deemed as appropriate by Client and Consultant; is K. Reevaluation of the level of service methodology for US l; and L. Special transportation projects to implement the comprehensive plan. M. Special transportation projects to implement the U.S. 1 Transportation Master Plan. x 0 ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL U) 0 3.1.1 The services described in this Article III are not included in Basic Services. They shall 2.1 be paid for by the Owner as provided in this agreement as an addition to the compensation paid 0 for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. c B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. 0 C. Providing representation before public bodies in connection with the task order, upon approval by the Owner. 0 c� 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Engineer. The Engineer shall U respond with fee proposal to perform the requested services. Only after receiving an amendment to the task order and a notice to proceed from the Owner proceed with the Additional Services. c� ARTICLE IV OWNER'S RESPONSIBILITIES Contract For Transportation Planning Professional Services Packet Pg. 1963 J.1.c 4.1 The Owner shall designate Monroe County Planning & Environmental Resources Department to act on the Owner's behalf with respects to the task orders. The Owner or Monroe County Planning & Environmental Resources Department shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there U may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 0 4.2 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Engineer's services and work of the contractors. c 4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with 2� the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer > of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. � U) ARTICLE V U INDEMNIFICATION AND HOLD HARMLESS c� 5.1 The Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including reasonable attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by 5; the Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act W or omission of the Engineer, their employees, or agents. U) 2 5.2 Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Engineer, the Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 In the event the completion of the task assignment is delayed or suspended as a result of c the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify County from any and all increased expenses resulting from such delays. Should any 0 claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Engineer the Engineer agrees and warrants that Engineer hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend 0 any claims or action on the County's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance U requirements contained elsewhere within the Agreement. a� 5.5 This indemnification shall survive the expiration or early termination of the Agreement. Contract For Transportation Planning Professional Services Packet Pg. 1964 J.1.c ARTICLE VI 6.1 PERSONNEL The Engineer shall assign only qualified personnel to perform any service concerning the c� prod ect. � ARTICLE VII U c 7.1 PAYMENT 0 The County shall pay the Consultant in current funds for the Consultants performance of this agreement. Compensation shall be made according to the rates negotiated and agreed upon in Attachment No. 1. Payment will be made in accordance with the Local Government Prompt Payment Act, F.S. 218.70. .2 7.2 REIMBURSABLE EXPENSES Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this contract. U) 7.3 BUDGET U 7.3.1 The Engineer 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 Agreement in each fiscal year (October 1- September 30) by County's Board of County Commissioners. The budgeted amount X may only be modified by an affirmative act of the County's Board of County Commissioners. 7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in 5; this Contract or in the separate contracts for individual projects, the agreement may be W terminated immediately at the option of the County by written notice of termination delivered to U) the Engineer. The County shall not be obligated to pay for any services provided by the Engineer after the Engineer has received written notice of termination, unless otherwise required by law. 7.3.3 The County does not guarantee Engineer any specific amount of work under this agreement. The parties shall enter into a task order for each assignment awarded to the Engineer by the County. The specific services to be performed under these separate task orders will be c determined by the County and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and 0 conditions applicable to that specific contract. 7.3.4 Monroe County's performance and obligation to pay under this contract is contingent 0 upon an annual appropriation by the transportation funding agency, the Board of County Commissioners, and the approval of the Board members at the time of contract initiation and its duration. c U ARTICLE VIII c� 8.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, Contract For Transportation Planning Professional Services Packet Pg. 1965 J.1.c dispute conferences or litigation arising under this contract must be in Monroe County, Florida. This Agreement is not subject to arbitration. ARTICLE IX c� 9.1 SUCCESSORS AND ASSIGNS 0 U The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and > cEngineer, respectively, bind themselves their partners, successors assigns and legal � representatives to the other party to this Agreement and to the partners, successors, assigns and d legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE X NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP > w 10.1 NO THIRD PARTY BENEFICIARIES U) Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. is 10.2 INDEPENDENT CONTRACTOR RELATIONSHIP a� X The Engineer is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Engineer shall exercise control over the means and manner in which it and its employees W perform the work and in all respects the Engineer's relationship and the relationship of its 5; employees to the County shall be that of an independent contractor and not as employees or W agents of the County. The Engineer does not have the power or authority to bind the County in U) any promise, agreement or representation other than such power and authority that is specifically .2 provided for in this Agreement. ARTICLE XI 11.1 INSURANCE c 11.1.1 The Engineer shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be 0 maintained as specified. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify the County from any and all increased expenses 0 resulting from such delay. 11.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating U of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. Contract For Transportation Planning Professional Services Packet Pg. 1966 J.1.c 11.1.3 Engineer shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,policy limits, $100,000 Disease each employee. 0 U 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 c or non-owned vehicles, with Three Hundred Thousand Dollars ($300,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. c ,LA D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the W Engineer or any of its employees, agents or subcontractors or subconsultants, > including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00)per occurrence and annual aggregate. 0 E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per is claim and One Million Dollars ($1,000,000.00) 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 X the furnishing of advice or services of a professional nature, the Engineer shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the W performance of professional services or any error or omission of the Engineer arising 5; out of work governed by this contract. U) 0 F. County shall be named as an additional insured with respect to Engineer's liabilities U hereunder in insurance coverage identified in Paragraphs C and D. G. Engineer shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Engineer if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. g H. Engineer shall provide to the County certificates of insurance or a copy of all 0 insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. 0 c� ARTICLE XII 0 U 12.1 TERM OF AGREEMENT. the professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four (4) years thereafter, with options for Owner to renew on an annual basis for two additional years. Contract For Transportation Planning Professional Services Packet Pg. 1967 J.1.c TERMINATION 12.2 Either parry hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other parry negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 0 U 12.3 The Owner may terminate this Contract without cause by giving the other parry thirty (30) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. 12.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Engineer should Engineer fail to perform the covenants herein W contained at the time and in the manner herein provided. In the event of such termination, prior > to termination, the County shall provide Engineer with seven (7) days' notice and provide the Engineer 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 Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to 0 termination, unless the cost of completion to the County exceeds the funds remaining in the is contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Engineer shall not in any event exceed the amount in the task orders issued and approved. In addition, the County reserves all rights available to X 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. W 12.5 Termination for Convenience: The County may terminate this Agreement for convenience at any time, upon 30 days' notice to Engineer. If the County terminates this agreement with the U) Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to .2 termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Engineer shall not exceed the amount in the task orders issued and approved. 12.6 For Contracts of any amount, if the County determines that the Engineer 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 Engineer written 0 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. 0 c� 12.7 For Contracts of$1,000,000 or more, if the County determines that the Engineer submitted a false certification under Section 287.135(5), Florida Statutes, or if the Engineer has been U 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 Engineer 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 Contract For Transportation Planning Professional Services Packet Pg. 1968 J.1.c Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE XIII ENTIRE AGREEMENT 13.1 This contract constitutes of the form of agreement, the exhibits that are attached and U made a part of the contract, the response document, and the documents referred to in the form of 0 agreement as a part of this contract. In the event any conflict between any of those contract > 0 documents, the one imposing the greater burden on the Engineer will control. 13.2 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 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the .2 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 W business with any public entity in excess of the threshold amount provided in Section 287.017 of > the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U) 13.3 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 is 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: a� X Emily Schemper Senior Director of Planning & Environmental Resources Monroe County W 2798 Overseas Highway, Suite 400 > Marathon, FL 33050 W U) 0 And: Mr. Roman Gastesi, Jr. 2.1 Monroe County Administrator 0 1100 Simonton Street, Room 2-205 Key West, Florida 33040 CL For the Consultant: Mr. G. Vivek Reddy c 110 East Broward Blvd. , Suite 700, Fort Lauderdale, Fl . 33301 ARTICLE XIV 0 DISPUTE RESOLUTION 14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to 0 be resolved by meet and confer sessions between representatives of each of the parties, If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The U cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. d Contract For Transportation Planning Professional Services Packet Pg. 1969 J.1.c 14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 14.3 Agreements reached in mediation shall be reduced to writing and signed by the representative of each parry; however, agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. U c 14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of c 0. legal or equitable proceedings. C. 14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a .2 dispute which may arise under this Agreement. ARTICLE XV > ADDITIONAL REQUIREMENTS U) 15.1 The following items are part of this contract: a) Maintenance of Records Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten years a"s from the termination of this agreement or for a period of three years from the 0 submission of the final expenditure report as per 2 CFR §200.333, whichever is a greater. Each parry to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement W for public records purposes during the term of the Agreement and for seven years W following the termination of this Agreement. If an auditor employed by the County or 0 Clerk determines that monies paid to Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Engineer, the Engineer shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. b) Right to Audit c 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 0 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; 0 correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other U 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 Contract For Transportation Planning Professional Services Packet Pg. 1970 J.1.c "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead 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 U representatives. All records shall be kept for ten (10) years after Final Completion of the Project. 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 0 the Monroe County or County Clerk determines that monies paid to Engineer C. pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Engineer shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to .2 Engineer. The right to audit provisions survives the termination of expiration of this Agreement. c) 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 0 or interpretation of this Agreement, the County and Engineer agree that venue will lie is in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Engineer agree that, in the event of conflicting interpretations of the terms or a term X 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, pursuant to this agreement. W d) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or U) unenforceable to any extent by a court of competent jurisdiction, the remaining terms, 2.1 covenants, conditions and provisions of this Agreement, shall not be affected thereby; 0 and each remaining term, covenant, condition and provision of this Agreement shall 0 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 Engineer agree to reform the Agreement to replace any c stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 a e) Attorney's Fees and Costs. The County and Engineer agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non-prevailing parry, and shall include attorney's fees and courts costs U expenses in appellate proceedings. a� f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Engineer and their respective legal representatives, successors, and assigns. Contract For Transportation Planning Professional Services Packet Pg. 1971 J.1.c g) Authority. Each parry 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 parry 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 advise of counsel. h) Claims for Federal or State Aid. Engineer and County agree that each shall be, and U 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 effect > the Project will be provided to each parry. CL CL i) Adjudication of Disputes or Disagreements. County and Engineer agree that all disputes and disagreements shall be attempted to be resolved by meet and confer session between representative of each of the parties. If the issue or issues are still not .2 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 2� Agreement is not subject to arbitration. This provision does not negate or waive the > provisions under this Agreement concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this 0 Agreement, County and Engineer agree to participate, to the extent required by the is other parry, in all proceedings, hearings, processes, meetings, and other activities 2 related to the substance of this Agreement or provision of the services under this Agreement. County and Engineer specifically agree that no parry to this Agreement X shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. Engineer 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 W occurred, this Agreement automatically terminates without any further action on the U) part of any parry, effective the date of the court order. Engineer and County agrees to 2.1 comply with all Federal and Florida statutes, and all local ordinances, as applicable, 0 relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination 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 2 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 0 discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment 0 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, U relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC 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, Contract For Transportation Planning Professional Services Packet Pg. 1972 J.1.c 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 Engineer, 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 U 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal > Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender .2 identity, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during W 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 y U) pay or other forms of compensation; and selection for training, including 0 apprenticeship. The Engineer agrees to post in conspicuous places, available is to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. a� X 2) The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, W sexual orientation, gender identity, or national origin. > w 3) The Engineer will not discharge or in any other manner discriminate against U) 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 c such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, 0 including an investigation conducted by the employer, or is consistent with the Engineer's legal duty to furnish information. 0 4) The Engineer 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 U workers' representative of the Engineer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Contract For Transportation Planning Professional Services Packet Pg. 1973 5) The Engineer will comply with all provisions of Executive Order 11246 0J.1.c September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his U books, records, and accounts by the administering agency and the Secretary of 0 Labor for purposes of investigation to ascertain compliance with such rules, > regulations, and orders. c 7) In the event of the Engineer's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and .2 the Engineer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 2� 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. 0 8) The Engineer will include the portion of the sentence immediately preceding is 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 X 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Engineer will take such action with respect to any subcontract or purchase order as the administering agency may direct W as a means of enforcing such provisions, including sanctions for non- 5; compliance; provided, however, that in the event a contractor becomes W involved in, or is threatened with, litigation with a subcontractor or vendor as U) a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 1) Covenant of No Interest. Engineer 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 c perform and receive benefits as recited in this Agreement. CL U) m) Code of Ethics. 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 0 limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. c c, n) No Solicitation/Payment. The Engineer 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, Contract For Transportation Planning Professional Services Packet Pg. 1974 gift, or other consideration contingent upon or resulting from the award or making oJ.1.c this Agreement. For the breach or violation of the provision, the Engineer 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. o) Public Access. The Engineer and County shall allow and permit reasonable access to, U and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer and County in conjunction with this Agreement; and the CL Engineer shall have the right to unilaterally cancel this Agreement upon violation of C. d this provision by County. 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 0 provision by the Consultant. Failure of the Consultant to abide by the terms of this is 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 X associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Consultant is encouraged to consult with its advisors about Florida Public > Records Law in order to comply with this provision. W U) 0 Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the .2 Consultant is required to: (1) Keep and maintain public records that would be required by the County to 0 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 c within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 0 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 0 law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 0 U (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contract For Transportation Planning Professional Services Packet Pg. 1975 J.1.c 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 U made directly to the County, but if the County does not possess the requested 0 records, the County shall immediately notify the Consultant of the request, and > the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the 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 sectionl 19.10, Florida Statutes. The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise 0 provided by law. U IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE X CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(u,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S > OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida .2 Statutes, the participation of the Engineer 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. c q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, U) 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 0 limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. U r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of Contract For Transportation Planning Professional Services Packet Pg. 1976 the obligation or responsibility. Further, this Agreement is not intended to, nor shalJ.1.c 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. c� s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- U party claim or entitlement to or benefit of any service or program contemplated 0 hereunder, and the Engineer and the County agree that neither the Engineer 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. .2 t) Attestations. Engineer agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, > and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe 0 County in his or her individual capacity, and no member, officer, agent or employee is 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. a� X v Americans with Disabilities Act of 1990 ADA . The Engineer will comply with all g py w 0 the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Engineer pursuant thereto. W w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the U) opportunity to participate in the performance of contracts financed in whole or in part .2 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 CONTRACTOR 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 CONTRACTOR and subcontractors shall not discriminate on the basis of 0 race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 0 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS U a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: Contract For Transportation Planning Professional Services Packet Pg. 1977 J.1.c (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; U (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; c (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 contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph(1)through(5) of this section. It is the policy of FDOT to encourage the participation of small businesses and > disadvantaged business enterprises ("DBE") in all facets of the business activities of FDOT, consistent with applicable laws and regulations. FDOT has established an aspiration goal of 10.65% DBE usage and an additional 3%non-DBE Small Business usage for the subject Project. Firms proposing for this Project shall aspire to have 0 10.65% or more of the total contract costs performed by DBEs, and an additional U three percent (3%) or more of the total contract costs performed by non-DBE small 2 businesses. Although not a contract requirement, FDOT believes that the aforementioned aspiration goal can realistically be achieved based on current X availability of DBEs and small businesses. FDOT further believes that the 13.65% overall goal can be achieved through race neutral means, using standard competitive procurement processes. Pursuant to the provisions of Section 339.0805, Florida W Statutes, and Rule 14.78.005, Florida Administrative Code, FDOT has adopted rules 5; to provide certified DBEs opportunities to participate in the business activities of W FDOT as vendors, contractors, subcontractors, and consultants. FDOT has adopted U) the DBE definition set forth in Code 49 of Federal Regulations Section 26.5. a� The Department's DBE directory may be found at the following website: F,(I tal Qymuurruiiy 01 ,ice Busitless Directory.. � Firms agree to apply their best efforts to utilize qualified non-DBE small businesses as vendors, contractors, subcontractors, and consultants for the Project. Qualifications for small businesses may be found at the following website: lj,( uuurr1 0yyurrrWrruM Firms will submit the Prrol'ess:otiai S mitnie l f urrrmri,as required by the rrvu�r,,. urruu�. advertisement when selecting from Expanded Letters of Response, otherwise it will 0 be required with the Request for Proposal. DBE listing for Professional Services (Check DBE& Small Business column for L) status): Prol'essiotiai Services lZepurrri, Non-DBE Small Business listing for Professional Services (Check DBE& Small i mrr.o Business column for statLis) rurrf vrurrurr�rr➢ Services lrrv.. Contract For Transportation Planning Professional Services Packet Pg. 1978 x) Execution in Counterparts. This Agreement may be executed in any number oJ.1.c 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 singing any such counterpart. c� y) 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 U part of this Agreement and will not be used in the interpretation of any provision of this Agreement. > 0 CL z) E-Verify System. The Engineer shall utilize the U.S. Department of Homeland C. Security's E-Verify system to verify the employment eligibility of all new employees hired by the Engineer during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to .2 likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor 2� during the Contract term. > aa) Energy Efficiency- Engineer will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy 0 Conservation Plan adopted pursuant thereto. is bb)FEDERAL CONTRACT REQUIREMENTS The Engineer and its subcontractors must follow the provisions, as applicable, as set X 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: w 1) Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by > Federal program legislation, which includes emergency Management W Preparedness Grant Program, Homeland Security Grant Program, Nonprofit U) Security Grant Program, Tribal Homeland Security Grant Program, Port 2.1 Security Grant Program and Transit Security Grant Program, all prime 0 construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the 2 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 0 made by the Secretary of Labor. In addition, contractors must be required to a 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 0 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 U agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it Contract For Transportation Planning Professional Services Packet Pg. 1979 J.1.c 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 or in Part by Loans or Grants from the United U States"). As required by the Act, each contractor or subrecipient is prohibited 0 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 d suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 g . U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 0 prime contractor shall be responsible for the compliance by any is subcontractor or lower tier subcontractor with all of these contract clauses. c� (3) Breach. A breach of the contract clauses above may be grounds for X termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. w Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages W paid each of its employees engaged in work covered by the Copeland Anti- U) 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. c 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement 0 programs, all contracts awarded by the COUNTY in excess of $100,000 that C involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor 0 regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard U 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 c� excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are Contract For Transportation Planning Professional Services Packet Pg. 1980 J.1.c unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. 0 U 41 (1) Overtime requirements. No contractor or subcontractor contracting c for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such CL 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 than one and one-half times the basic rate of pay for all hours U, worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the W event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and U subcontractor shall be liable to the United States (in the case of work 0 done under contract for the District of Columbia or a territory, to such U 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 X the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of 0 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours W without payment of the overtime wages required by the clause set forth 5; in paragraph 29 C.F.R. § 5.5 (b)(1). W U) 0 c� (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, � such sums as may be determined to be necessary to satisfy any U) liabilities of such contractor or subcontractor for unpaid wages and damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). 0 c� (4) Subcontracts. . The contractor or subcontractor shall insert in any U subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower subcontractor with the clause set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). Contract For Transportation Planning Professional Services Packet Pg. 1981 J.1.c 3) 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 U with the requirements of 37 CFR Part 401, "Rights to Inventions Made by 0 Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing 0. regulations issued by the awarding agency. C. d 4) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations > to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each is subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY X will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. w 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 governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 2.1 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) 0 and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other c than Executive Order 12549. SAM exclusions can be accessed at 1� www.sam.gov. Contractor is required to verify that none of the contractor's C 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. 0 180, 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 U 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 Contract For Transportation Planning Professional Services Packet Pg. 1982 J.1.c valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6) Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal U appropriated funds to pay any person or organization for influencing or 0 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 c 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 .2 recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,00, the attached certification must be signed and 2� submitted by the contractor to the COUNTY.) > 7) Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. 0 The requirements of Section 6002 include procuring only items designated in is guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the X 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 W recovery; and establishing an affirmative procurement program for 5; procurement of recovered materials identified in the EPA guidelines. In the W performance of this contract, the Contractor shall make maximum use of U) products containing recovered materials that are EPA-designated items unless 2.1 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 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated 2 items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- C gui del ine-cpg-program. a The Contractor also agrees to comply with all other applicable requirements 0 of Section 6002 of the Solid Waste Disposal Act. 8) Prohibition on certain telecommunications and video surveillance services or U equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential Contract For Transportation Planning Professional Services Packet Pg. 1983 J.1.c component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (iii) For the purpose of public safety, security of government facilities, U physical security surveillance of critical infrastructure, and other 0 national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital d Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). c (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services w produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a 0 covered foreign country. U 9) Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, a"s provide a preference for the purchase, acquisition, or use of goods, products, 0 or materials produced in the United States (including but not limited to iron, a aluminum, steel, cement, and other manufactured products). These W requirements of this section must be included in all subawards including W contracts and purchase orders for work or products under federal award. For � purposes of this section: 0 (1) "Produced in the United States" means, for iron and steel products that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (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; 0 aggregates such as concrete; glass, including optical fiber; and lumber. 0 c� THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE U c� Contract For Transportation Planning Professional Services Packet Pg. 1984 IN WITNESS WHEREOF, each patty caused this Agreement to be executed by, its duly aUthorized rep.resentative on the day and year first above written, 0 U (S EA L) BOARD OF COUNTY COM MISSIONER S 4- 0 Attest KEVIN NIADOK Clerk OF MONROE COUNTY, FLORIDA 0 BY: By, As Deputy Clerk Mayor/Chairman Date: .2 21) WRQUE COUNIN A77ORNEY �'k�AD AS'T 0 PV*7, AJECOM TechnicW Services, Pnc. > UJ ASMSTANTCOUNTY Armvarr (IN' I.. 'T NAME ofngin Ecer as By� ) ....... Signature o r p�o�r'a—tw.-,-A g e i,i t 0 Carlos Garda ............... Print Name of Corporate Agent Date- April 6, 2023 x ............ 0 1) WITNESS 1`0 Engineer's Signature: w > By: w W1'I'NESS Signature .2 G. Vivek Reddy > I'r'irtt Witness Nanrie Date.- ,Call 6 2G23 0. r- .2 2) WITNESS TO Engineer's Signature: 0 Wrl TNESS Signature 0 Haid r Talib print Witness Name 0 Datc. April 6, 2023 ........... E END 01; AGREEMENT Contract For Transportation Nanning I"rofessional Services Packet Pg. 1985 01 .� L.0 m r Ln ri N m O 00 N i 00 m M ri i M Ln L.0 r ri i O r N O rn N O O ri O O o0 I-� rn N N Ol Ol L.0c'n r-I O N I- Ol n 4 4 \ c'n N ri ri ri N rn N rn Ln O r{ M tn• tn• tn• tn• tn• tn• tn• tn• tn• tn• cn \ C n � 41 4- X W O � N N l0 ri M m m M O M N L.O O N O rl ri O N N m 00 �t 00 O + O 00 ri 4 Ln I-� N r-� r-� ri ri Q N p Il 00 Ln N O 0) O L.0 00 Ln O rn c'n N ri ri ri ri rn N rn Ln n � i•. 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