Item C24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20. 2009
Division:
Administration
Bulk Item: Yes .--.-X...
No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a Third Amendment to Contract for Consulting Services
for American With Disabilities Act (ADA) Compliance Assessments with MBI/K2M Architecture, Inc.
ITEM BACKGROUND: After surveying and reporting were thought complete, it was discovered
that the Key West International Airport's Administrative Offices, Fire Station, and Adjacent Public
Works Facilities also had to be assessed for ADA compliance.
PREVIOUS RELEVANT BOCC ACTION: On July 16, 2008 the BOCC approved the selection of
MBI/K2M Architecture Inc., and Award of Contract, for the ADA Compliance Assessments for
Monroe County Facilities and Roads. On November 19, 2008 the BOCC approved a First Amendment
to Contract listing the actual square footage, sites, sidewalks, and intersections that are to be assessed,
and on March 18, 2009, the BOCC approved to add the Jacobs Aquatic Center to the list of Monroe
County Facilities and Roads in need of ADA Compliance.
CONTRACT/AGREEMENT CHANGES: Include the Key West International Airport's
Administration Office, Fire Station, and adjacent Public Works Facilities to the list of Monroe County
Facilities and Roads in need of ADA Compliance.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $4.886.00
BUDGETED: Yes ~ No
COST TO COUNTY: $4,886.00
SOURCE OF FUNDS: One-Cent Infrastructure
REVENUE PRODUCING: Yes No X- AMOUNT PER MONTH_ Year
APPROVED BY: County Atty fo~urchaSing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MBI/K2M Contract #_
Effective Date: OS/20/09
Expiration Date:
Contract Purpose/Description:
Third Amendment to contract for ADA Compliance Assessment to include the Airport
Administration Office, the Fire Station at the Airport, and the Public Works Facilities.
Contract Manager: Ann Riger X4549 Facilities Devel/Stop # 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on OS/20/09 Agenda Deadline: 05/05/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,886.00
Budgeted? YesC8J No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 4,886.00
304-22006-530310-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
y~~e~
Division Director LA 7
Risk Management If.;);).o;
fJLL ~;VI -
O.M.B./Purch~ing ~ -2$ ~61
County Attorney 4~ YesD NoD
If-tc/'If 1/#0; brJJ~
Comments:
Date Out
L{J'd d-O')
4l2-~ /09
OMB Form Revised 2/27/01 MCP #2
THIRD AMENDMENT TO CONTRACT
FOR CONSULTING SERVICES FOR
AMERICAN WITH DISABILITIES ACT (ADA) COMPLIANCE ASSESSMENTS FOR COUNTY
FACILITIES AND ROADS
This Amendment is made and entered this 20th day of May, 2009, between the COUNTY OF MONROE,
("Owner") and MBI/K2M ARCIDTECTURE, INC., ("Consultant") in order to amend the Contract between the
parties dated July 16,2008, and as Amended on November 19, 2008 and March 18, 2009, for the performance of
ADA Compliance Assessments of Monroe County Facilities and Roads, as follows:
WITNESSETH
WHEREAS, on July 16, 2008, the parties entered into an Agreement for Consulting Services for ADA
Compliance Assessments for Monroe County Facilities and Roads; and
WHEREAS, the First Amendment to Contract of November 19th, 2008 adjusted the BOCC owned
facilities and roads to include 604,524 s.f. of buildings, 70 sites, and 85 intersections; and
WHEREAS, the First Amendment to Contract of November 19, 2008 reveals that all County owned
sidewalks in the City of Key West are the responsibility of the City of Key West through an Inter-local Agreement;
and
WHEREAS, the Second Amendment to Contract of March 18, 2009 enlists the Jacobs Aquatic Center to
be surveyed and documented for ADA Compliance Assessments; and
WHEREAS, it has been determined that an assessment must be provided for the Key West International
Airport Administrative Offices, the Fire Station located at the airport and its elevator entry, the adjacent Public
Works Facilities with parking and wayfmdings.
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Consultant shall survey and document the conditions located at the Key West International Airport
Administrative Offices, Fire Station at the Key West Airport, and the Public Works Facilities adjacent to
the Key West Airport.
2. Surveying costs remain at $0.30 per s.f. building space estimated at 4,000 s.f for the Administrative
Office, 2,754 s.f. estimated for the Fire Station, and 6,200 s.f. estimated for the Public Works Facilities for
a total of 12,954 s.f. at .30 per s.f. or $3,886, and $500 each for the two sites for a total estimated cost of
$4,886.00.
3. The remaining terms of the Agreement, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first
written above.
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A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
417(
Witness
CONSULTANT
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Title: ~
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.....~COND AME~DMENT TO CONTRAL"-
FOR CONSUIJ TING SERVICES FOR
AMERICAN WITH DISABILITIES ACT (ADA) COMPLIANCE ASSESSMENTS FOR
COUNTY FACILITIES AND ROADS
This Amendment is made and entered this 18th day of March, 2009, between the
COUNTY OF MONROE, ("O\\ner") and MBIIK2M ARCHITECTURE, INC., ("Consultant") in
order to amend the Contract between the parties dated July 16, 2008, and as Amended on
November 19, 2008, for the performance of ADA Compliance Assessments of Monroe County
Facilities and Roads, as follows:
WITNESSETH
WHEREAS, on July 16, 2008, the parties entered into an Agreement for Consulting
Services for ADA Compliance Assessments for Monroe County Facilities and Roads; and
WHEREAS, the First Amendment to Contract of November 1~, 2008 adjusted the
BOCC owned facilities and roads to include 604,524 s.f. of buildings, 70 sites, and 85
intersections; and
WHEREAS, the First Amendment to Contract of November 19, 2008 reveals that aU
County owned sidewalks in the City of Key West are the responsibility of the City of Key West
through an Inter-local Agreement; and
WHEREAS, the Upper Keys Community Pool, Inc. dlblal Jacobs Aquatic Center also
requires an ADA Compliance Assessment; now therefore
IN CONSIDERATION of the mutual promises contained herein, the ~esdtere~
agree as follows: 0 )> :z
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I. Consultant shall survey and document the conditions located at the J~--AquaQ
Center in Key Largo, Florida for ADA Compliance. ("')x! Co.)
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Surveying costs shall be $0.30 per s.f. of the building estimated at*~s.f.~
$2,400.00. and surveying for the pool shall be a flat fee of $2,000.00. The ~iiost ifOr
. ~e Jacobs Aquatic Center shall be estimated at $4,400.00. ;1 m ;.
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.3~",,: .~ remaining terms of the Agreement. not inconsistent herewith, shall remain in
rfi.,1~ \ full fotce and effect.
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~!,":! ' . ',' ~'WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
today a~year first written above,
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BOARD OF COUNTY COMMISSIONERS
OF M~OE COUNTY, FLORIDA
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~TAMENDMENTTOCONTRACT
FORCONSULTlNGSERVICESFOR
AMERICAN WITH DISABILITIES Acr (ADA) COMPLIANCE ASSESSMENTS
FOR COUNTY FACILITIES AND ROADS
This Amendment is made and entered this 19* day of November, 2008, between
the COUNTY OF MONROE, ("Owner") and MBIIK2M ARCIDTECTURE, INC.,
("Consultant") in order to amend the Contract between the parties dated July 16, 2008 for
the performance of ADA Compliance Assessments of Monroe County Facilities and
Roads, as follows:
WITNESSElH
WHEREAS, on July 16. 2008. the parties entered into an Agreement for
Consulting Services for ADA Compliance Assessments for Monroe County Facilities and
Roads; and
WHEREAS, the original Agreement of July 16. 2008 states in paragraph 7.1.1
that any addition or reduction of square footage sbaI1 be made at the above cost and shall
be adjusted upon submission of the interim draft report confirming the measured square
footage; and
WHEREAS, the original Agreement of July 16. 2008 states in paragraph 7.1.2
that any addition or reduction of sites shall be adjusted upon submission of the interim
draft report confirming the number of building. parking. pathway, and wayfinding sites;
and
WHEREAs, the original Agreement of July 16, 2008 states in paragraph 7.1.3
that any addition or reduction of intersections or survey points shall be adjusted upon
submission of the interim draft report confinning the number of intersections and survey
points; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties
hereby agree as follows:
1. The interim draft report, Appendix C, reveals additional BOCC owned facilities
and roads not included in the original inventory, Appendix B. The inventory is revised to
include 604,524 s.f. of buildings, 70 sites, and 85 intersections;
2. The interim draft report revealed that all County owned sidewalks in the City of
Key West are the responsibility of the City of Key West through an Inter-local
Agreement;
3. The increased costs is SI8,790.00
4. The remaining terms of the Agreement, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
(SEAL)
ATlEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy CIeIt
Mayor/Chairman
44
Witness
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N T'lEENE W. CASSEL
ASSISTAY ~~NTY ~ORNEY
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TlO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE oaES NOT AMEND, EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COVERAGES
THE POlICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A8O\IE FOR THE PO(ICT PERIODJM:llCAT!D. I'fU f Y'lITHST ANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXClUSIONS AND.cONOlTIONS OF SUCH
POlICIES. AGGREGATE lMTS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS.
.TR MSR TYPE OF INSURAHC& r-----~ICYNUMHIt 1 DATI' M
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CERTIFICA T ... OF LIABILITY INSURAN\,,:
PROOUCER
Talbot Insurance Partners
9930 Johnnycake Ridge Rd., '58
Mentor OH 44060
Phone:440-942-2152 Fax: 440-942-2204
+ I NSUR-:"RS AFFO~OfNG COVERAGE
: INSURER A State Auto Nlt.ua1: I;~.
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INSURec;-----
MaX / X2M Architecture, Inc.
Scott C. Maloney, R.t.
2530 Su~rior Ave., 302
Cleveland OR 44114
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:tificate Holder is named as Additional Insured.
T1FICA TE HOLDER
CANCElLA TION
Monroe County
Attn: Ann H. Riger
The Historic Gato Cigar Factor
1100 Simonton St., Suit. 2-216
Key West FL 33040
SHOUl.D 4HY 01' THE A80VE DESCRIBED POLICIES 8E CANCEllED 9EFORE THE EXPlRATIO"
I)ATE THEREOF, THtlISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATIi HOLDER NAMED TO THtI LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY fY ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
Yvonne H. Kinnev
to 25 (2001/08)
@ ACORD CORPORATION 1
~- CERTlFICAT OF LIABILITY INSURAN,,- 1 OP IDJ$ I DATI(-.rr,yY)
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PIIODUCU ntIS CERTFlCATE _ISSUED AS A MATTER OF N=ORIIATION
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3401 &nt~ri.. Pkwy. Ste. 101 AI. TEA THE COYERAGE AFFORDED BY 1ltE POUCIES BELOW.
Beachwoocl OS 44122
Phone:216-839-2800 Faa: 216-83'-2815 NlURERS AFFORDING COVERAGE NAIC ,
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tHE PaJCES OF INSURANCE LISTED BELOW HAVE IEEN ISSUED TO lHE .... NAMED AIIOI/E FOR tHE POUCY PERIJD IClCATm. NOlWmfITAMlING
NIY AEOUR:WEHT. T&W OR COHOmON OF NIY CONlRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH nil CERTIFlCATE AMY BEIIalED OR
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I'FJCATE HOlDEII
Monroe County
Attn: Ann Ri~r
1100 Simonton St.,
Key ...t rL 33040
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D 21 (2001...
AGREEMENT FOR
CONSUL TING SERVICES
for
American with Disabilities Act (ADA) Compliance
Assessments for County Facilities and Roads
Thl. Agreement (-Agreemenr) made and entered Into this 16th day of July,
2008 by and between Monroe County, a poIftJcaI subdfvfslon of the Stat. d FJorfda,
whose add..... II 1100 SImonton Street. Key W.... FIorid8, 33040, Ita IUCCelsora and
assigns, hereinafter referred to as "COUNTY,. through the Monroe County Board d
County Commfsafonenl (-8OCC"),
AND
MBUK2M ARCHITECTURE, INC., a Corporation of the State d FlorIda, whose
addresa Is 1001 WhItehead Street, Key West, FL 33040 Ita succealOl'l and assigns,
herefnafter referred to as "CONSUlTANT",
WITNESSETH:
WHEREAS, COUNTY desIre8 to employ the ptOfessfonall8t'Vfcea of
CONSULTANT for Amerfc8na wfth Dfsabllltlea Act (ADA) Compliance Assessments for
Monroe County FacIIItJea and Roeda; and
WHEREAS, CONSULTANT has agreed to provtde professlonall8f'\lfces which
sha" Include, but not be Imfted to, the pedonnance of ADA Compliance Assessment d
Monroe County FacllffJea and RoadI, which Ih8I be called the -ProJect";
NOW, THEREFORE. In consideration d the mutual prom...., covenanta and
agreementa stated herei1, and for other good and valuable consideration, the sutrlclency
of which Is hereby 1dmowf8dged, COUNTY and CONSULTANT agree a. follows:
~
1.1 REPRESENTAnONS AND WARRANnES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for
the Project and i. licensed to provide the designated services by the State of
Fforlda having Jurisdiction over the CONSULTANT and the Project;
1.1.2 The CONSULTANT shall maintain aU necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.3 The CONSULTANT has become familiar with the Project sites and the local
conditions under which the Wortc Is to be completed.
1.1." The CONSULTANT shall prepare a' documents required by this Agreement In
such a manner that they ahaH be 8CCtM'8te, coordinated and adequate for use In
the subsequent Implementation phs.. and sha' be In confonnlty and comply
with all applicable law, cod.. and regulatJona. The CONSULTANT warrants that
the documents prepared sa 8 part of this Agreement wi. be adequate and
sufficient to accomplish the purposes of the Project. therefore, eliminating any
additional cost due to missing or Incorrect information;
1.1.... The p8ItJea acknowledge the requirements of the ADA are subject to various and
poasJbIy contradictory Interpretatlona. Consultant wtI use Ita professional darts
and Judgment to Interpret applicable ADA requirements and to advise the ClIent
.. to whether or not, ., ConauItanta profesaJonaI opinion the CJJent'. faCIlity
compIfea with the ADA. Such opInIona wit be based on what fa known about
ADA Interpretatlona at the time thIa seMc:e Is rendered and the limited scope of
seIVfc:ea tendered. Consultant, however. cannot and doea not warrant Of'
QU8I1II1tee that the Cllenf. facility wfI fuIy comply with Interpretatlona of ADA
requirements by regulatory bod_ or court decIaIona. Subsequent to the tfme the
servfcea ... 1W1dered.
1.1.1 The CONSUL TANT asaumea fuI ntIpOnSIbIIIty to the extent allowed by law with
regarda to hIa performance and those directly under hIa employ.
1.1.' The CONSULTANT'S seIVfc:ea shaI be performed sa expeditiously sa-Is
consistent wfttt professional sIdI and C8IW and the orderfy prog.... of the Project.
The CONSULTANT shaI submit, for the COUNTY'S and Ita representatfve'.
Infonnatfon. 8 schedule for the I*fonnance of the CONSULTANT'S seIVfc:ea
which may be adjusted sa Ihe Project PfOC..da " 8ppI'OWNf by the COUNTY. and
shallnducIe allowal1Ce8 for pertoda of tfme requfred for Ihe COUNTY'S 18Wtw,
and for 8ppn:M11 of submission by authoritfea havfng Jt,wfadlctlon OWl' the Project.
TIme IfmHl eatabllahed by this ICheduIe and approved by the COUNTY may not
be exceeded by the CONSULTANT except for defay caused by events not within
the control of the CONSULTANT or foreseeable by him.
1.1.7 CONSULTANT fa an Independent contractor unci.. this Agreement SeMcea
provkJed by CONSULTANT shall be subject to the SUpeMslon of CONSULTANT.
In providing the servfcea. CONSULTANT and Ita agents sha' not be acting and
sha' not be deemed aa actfng .. offlcers, employees, or agents of the COUNTY,
nor sha' they accrue any of the rfghll or benefits of a COUNTY employee.
MJIIg.U
SCOPE OF CONSULTANT'S BASIC SERVICE
2.1 DEFINmON
CONSUL T ANTS Basic Servlces consist of those described In Paragraphs 2.2
and 2.3, and other services identified as part of Basic Services, and include normal
consulting services to assess Monroe County Facilities and Roads for ADA Compliance
and complete the Project. The CONSUL T ANT shall commence work on the services
provided for in this Agreement promptfy upon his receipt M . written notice to proceed
from the COUNTY. The notice to proceed must contain a description of the services to
be performed, and the time within which servfces must be performed, provfded by the
Consultant and attached hereto as Appendix -A- Service Schedule:
2.2 SASIC SERVICES INCLUDED
A Data Collection and Review of all existing data available relative to existing
conditions of Monroe County Facilities, R08ds, Beaches and Parf<a.
CONSUL TANT Is to use model and methoc:fotogy approved by Facilities
Development.
S. FIeld Investigation and assessments wfIIlncIude: existing conditions analysis,
documentation, photographs, measure, testing, and identification fA deIIcIencles
of a' Monroe County Facilities.. listed In and attached hereto .. Appendix -S-
ADA Inventory Ust of Buldlngs, PaIb, Beaches and Roads:
1. Buildings - Owned and Leased
2. Building Sit.. for complfence of parking, pathways and wayffndlng
3. County Roads and Walks In Key West, Stock Island and Key Haven
4. County Beaches and Partes
5. T."porary Fac1UtJe8 - PollIng Pfacea
C. Meetings wfth Owner on an 81 needed ba....
D. Preparation of Report of FIndIngs contaIning: a general deIcrfptIon of
buildings, roada, and be8ches I partes; the observations detailing accessibility
Issuet and related Florida Accessibility Cod..; and CONSUlTANTS
recommendations and remedfatfon plan wfth suggested tImeIInes for resolving
varfances and achieving ADA compliance for each building, road, be8ches,
parte, and temponuy facilities. DurIng the cotne of the Project, the
CONSUlTANT shaI be l'WQuIred to deliver to COUNTY Interfm draft reports.
Once COUNTY has approved aI of the draft repoffs, the CONSULTANT aha.
organize them Into . tJnaI report to be delivered to the COUNTY for final revfew
and acceptance.
E. A Presentation to the BOCC may be required by FacUlties Development All
documentation of results aha. be presented In a written and electronic report
fonnat suitable for use In future work. Cost of preparation, maUlng, photocopyfng
of one printed copy and one electronic copy of the Report of FIndings Is included
In the contract amount.
F. Additional professional services required by th;. contract are:
1. Lease Document Review to determine responsibility for compliance
2. Coordination with Capital Improvements Plan
3. Review of Temporary Facilities Checklist with Supervisor of Elections
2.3 OTHER - Not used
2.4 SCHEDULE
Project assessments and report are to be completed by May 1, 2009. Service
Schedule per attached Appendix- A- of Fee Proposal
Note: ActMtIea fisted In 2.2 may occur concu.....ntIy.
2.5 COMPLmON DATE
The Project must be completed, a. per schedule, by May 1, 2009.
2.' CORREcnON OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT ahal, without additional compensation, promptty correct any
errot"I, omlsslona, defIcIencIea, or contucta In the work product of the
CONSULTANT or Ita subconIuItanta, or both.
2.7 WJb II eN NOnel
Any notices sent by the partIea ahaI be deemed to have been duly ..",., "
delwred In person to the lndMduala and addressea hied below, or " delivered
or sent by tirat cia.. mal. certified, return receipt. or by courter with proof of
delivery.
AI wrftten correspondence to the COUNTY shall be dated and signed by an
authorfzed representative of the CONSULTANT. The COIT8IpOndence ahaI be
directed to:
Jerry Barnett, DIrector
FacIIItIea Development
Hlstot1c Gato BuIldIng
1100 SImonton Street, Room 2-218
Key West. FIorfda 33040
And: Roman Gaafe81
County Administrator
1100 SImonton Street, Room 2-205
Key W.... FIorfda 33040
Notice to the CONSULTANT shall be delivered to:
Scott Maloney, R.A, NCARS
Mbll k2m Architecture, Inc.
1001 Whitehead Street
Key West. Aorlda 33040
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ADDlnONAL SERVICE
3.1 The services desaibed in this AttJcIe III are not included in Sasic ServJcea. They
sha. be paid for by the Soard of County Commissioners as an addition to the
compensation paid for the Basic Services but only if approved by the Soard of
County Commissioners before commencement, and are as fo'fows:
A. Providing services of CONSUL T ANT for other than the previously listed scope
of the Project provided a. 8 part of Basic SeMces and pursuant to written
approval by Faci'ltiet Development
8. Pro'Jidlng representation before public bodies other than the Board of County
Commissioners In connection with the Project, upon prior approval by Board of
County Commissioners
3.2 " Additi0nai ServIce. are requJred. such a. those listed above. the COUNTY
sha' Issue 8 letter requesting and describing the requested service. to the
CONSUL T ANT. Only alter receiving an amendment to the Agreement and 8
notice to proceed from the COUNTY. aha. the CONSUlTANT proceed with the
Additi0nai SeMces.
3.3 For seMces related to SectIon 3. the Consultant shaI be c:ompeneated
according to the following hourfy rates. upon approval of Amendment to the
Agreement by the 8OCC:
FUNC110N
PrfncIpaI. Architect ,
Project Manager. Arch II. Sr. Interior Design
Project Mlnager
Construction Administrator
Draftsmen ,
Draftsmen "
Intertor DesIgner
Purchasing Coordinator
Administrative/Clerical
HOURLY RATEI
$215.00
185.00
120.00
120.00
95.00
70.00
80.00
85.00
56.00
3.3.1 If the contnIct II tennln8ted through no fault 01 the ConeuItant. 8IId at the
direction of the Boanf 01 Cotny Commlaslonet8, cfe.mobIRzaffon chatgea aha.
be compensated under the hourfy rates set out In 3.3 abovw. Such charg88 ahaI
Itemized on 1II1n'JOlce which ahaI be presented to the Clerk of the CIrcuit Court
for payment
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4.1 COUNTY shaI provide full information regarding requirements for the Project
Including objectives. schedule. constraints and criteria.
4.2 COUNTY shal designate a representative to act on the COUNTY'S behalf with
respect to the Project. The COUNTY or ita representative aha. render decisions
in a timely manner pertaining to documents submitted by the CONSULTANT In
order to avokl unreasonable delay In the orderly and sequential progress of the
CONSUL T ANTS services.
4.3 Prompt written notice shaH be given by COUNTY through its representative to
CONSULTANT if COUNTY becomes aware of any fault or defect in the Project
or non-confonnance with the Agreement Documents. Written notice shall be
deemed to have been duly served if sent pursuant to paragraph 2.7.
4.4 The COUNTY sha' furnish the required Infonnation and servfces and shal
render approvals and decisions a. expediti0usiy a. necessary for the orderly
progress of the CONSULTANTS aervIceI and work of the contractors.
4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its
subconeultanta sha' be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY'S criteria, as, and If,
modified. No review of such doctmenta aha. relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of Its
work product.
4.1 Infonnatfon requested by CONSULTANT that may be of .....tance to the
CONSULTANT and to which the COUNTY haa inmedlate access wfI be
provided a. requested.
4. 7 The County lh8IIestabftsh and update an overall budget for the Project based on
consultation with the Ofrector of FacWtIea Development and the Consultant.
which aha. Include remediation costl, other county costs, and reasonable
contlngencJa refated to .. of these costa.
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The CONSULTANT covenanfI and agreM to indemnify, and hold harm.... the
COUNTY, Its c:ommIIIJonere, omc:..., empIoyeeI, agentI and servanfI from any and aI
cIaJmI for bodIy Injury, including death, personal i1Jury, and property damage, including
dam&Ige to propeIty owned by Mor.roe County, and any oCher ...., damagee, and
e~ h:It.d1g rusonebIe attorney'. feea, COlIt COllI and expenses to the extent
arfIIng out 01, In connecUon with, or by reason 01 servfcea provided by CONSULTANT
or Its Subcontnlctor(.) In any tier, 0CC8II0ned by the negligence, errors, or other
wrongful act or omlulon of the CONSULTANT, IfI Suboanttactor(s) In any tier, their
offlcere, employees, servants and agents.
In the event that the completion 01 the project (to include the work of others) II delayed
or suspended 81 . ....uIt of ConIuItant'. failure to purchase or maintain the required
insurance, CONSULTANT shaI indemnify COUNTY from any and a' increased
expenses resulting from such delay. Should any claim. be anerted against COUNTY
by virtue of any deffcIency or ambiguity in the plana and specifications provided by the
CONSULTANT, CONSUlTANT agrees and wanantllhat CONSULTANT aha. hold the
County harm'" and shaI indemnify It from aI losses occuning thereby and sha'
further defend any claim or action on the COUNTY'S behalf.
The first ten dolars ($10.00) d remuneration paid to the CONSULTANT i.
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement
This indemnification shall survive the expiration or earlier termination of the Agreement
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8.1 PERSONNEL
The CONSULTANT shaN assign only quautJed personnef to perfonn any service
concerning the project. At the time of execution of this Agreement. the partJea anticipate
that the following named individuals wi' perform those functiona _ indicated:
FUNCnON
Prlncfpal Architect ,
Project Manager
ProJrect Architect
Draftsman I'
Administration
ministration
So long .1 the i1dMdua,. named above remain 8CtMIIy employed or retained by the
CONSUL T ANT, they shall perform the functiona W1dIcated next to their 118I11ea. " they
are replaced CONSUlTANT shaI notify COUNTY of the change immediately.
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7.1 CONTRACT SUM
The COUNTY shd pay the CONSUl. TANT for performance of this Agreement
the sum of $287, 115.48 (two hundred elghty-seven thousand one hundred fifteen
dollars and forty eight cents) pIua an additi0nai $2,500.00 (two thousand tMt
hundred dollars and no centa) for re-moblllzatfon fMl. It fa the intention of the
parties that this swn shalf be paid over . perlod of two "sea' years as approved
by the Board of County Commissioners. Accurate square footage of buildings
and flneal feet of road. fa unavailable therefore It is the intention of the parties
that this sum shaM be adjusted for addition. or reduction. a. follows:
1. Buildings - Owned and Leased
Quantity - approxfmately 574,724 square feet
Cost of $0.30 per square foot with a minimum of $250.00 per building.
Any addition or reduction of square footage shal be made at the above
cost and shaM be adjusted upon submission of the interim draft report
confirming the measured square footage.
2. Building Sites-Parking, Pathway, Wayfindlng
Quantity - approxlmatefy 50 sites
Cost of $500 per building site. Any addition or reduction of sites shall be
made at the above cost and shan be adjusted upon submission of the
Interim draft report confirming the number of building. parlcing. pathway,
and wayflndlng sites.
3. County Roads and Walks-Key West, Stock Island. Key Haven
Quantity - approximately 100 IntersectJons and approximately 66.212
lineal feet (If) of sidewalk
Cost of $350.00 per intersection. Cost of $50.00 per survey point
Survey point determined at every 100 feet of sidewalk. Any addition or
reduction of Intersectfona or survey points wtI be at the above stated cost
and shalf be adjusted upon submission of Ihe interim draft report
confirming the number of intersection. and sLlV8Y points.
4. 8ead1ea and Parb
Quantity - 13 Parka and 8ead1ea
Costs Harry Hanfa PIIrte
Higga Beech Patte and Astro CIty
Key Largo CommunIty Parte
Bernstein Parte
Friendship Parte
VetenIna Parte
Watson FIeld Patte
BawM*1t P8Itc
Blue Heron PIIrte
SetUe(. Parte
SW1Mt PoInt P8rtc
Pafm Villa P8rtc
Wlhelmlna Harvey Parte
$8500.00
S8OOO.OO
$5000.00
$3000.00
$1750.00
$1500.00
$1500.00
$1500.00
$1500.00
$1500.00
$1500.00
$1000.00
$1000.00
5. Temporary FaciIItfea - PollIng Pf8cea
Qu<<ltIty - approximately 28 femponuy poling sItea
Coat of $SOO per.. Any addIfJon or reduction of temporary polling site
wiI be at the above stated coat and shall be adjusted upon submission of
the fnt<<fm draft report conIfnning the number of temporary polling sltM.
8. Lease Document Review
Quantity - approximately 28 lea...
Cost of $200 per lease. Any addition or reduction of lea88 review wiN be
at above stated cost and shall be adjusted upon submission of the Interim
draft report contJnnlng the number of lea....
7. Coordination with Capital Improvement Plan
Cost of $1500
8. Review of Temporaty Facilities Checklist with Supervisor of Elections
Cost of $1500
7.2 PAYMENTS
7.2.1 Unless otherwise provided for In paragraph 7.1 above, for its assumption and
performances of the duties, obligations and responsibilities set forth herein, the
CONSUL T ANT shaH be paid pursuant to the Florida Prompt Payment Act.
(A) If the CONSULTANTS duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
this Agreement. compensation due to the CONSULTANT sha' be
equltabfy adjusted, either upward or downward.
(8) As a condition precedent for any payment due under this Agreement. the
CONSULTANT shaI submit monthly, unless otherwfse agreed In writing
by the COUNTY, . proper invoice to COUNTY requesting payment for
servfcea property rendered and reimbursable expenses due hereunder.
The CONSULTANTS invoice ahaD describe with reasonable particularity
the service rendered. The CONSULTANTS iwoJce aha. be accompanied
by such documentatfon or data In support of expensee for which pa~nt
I. sought at the COUNTY may rwqulre.
7.3 REIMBURSABLE OPEN8E.
Consultant ahaI be reimbursed for travel expenses. per diem expenses, and
subsistence allowance InsJde the borderI of Monroe County.
7.3.1 Consultant W. be reimbursed for tnMII expenses. per diem expen.... and
subsistence allowance within the ~ of Morvoe County. Reimbursable
expenses Include expen... Incurred by the CONSUlTANT In the Interest of the
project outside of the basic scope of work.
e. Relmburuble expenses aha. be paid when submitted by CONSUL. TANT.
In wrftfng. In connectfon with county travel authorized by the COUNTY In
wrftfng. but only to the extent and In the amounts authorized by SectIon
112.061, Florida Statutes.
b. F8ftI paid for securfng approval of authorftfea havfng jurfsdIctJon over the
project.
c. PosUIge of drawfnga and specifJcatfona except for those charges for postage
between the ConauItant'. branch otrIceI and between the Consultant and hla
COf1IUItanC8.
d. Renderings and modele requested by the County
7.4 BUDGET
7....1 The CONSULTANT may not be entitled to receive, and the COUNTY Is not
obligated to pay. any fees or expensn In exceu of Ihe amount budgeted for this
contract In each fiscal year (October 1 - September 30) by COUNTY'S Soard of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY'S Soard of County Commissioners.
7....2 The COUNlYS performance and obligation to pay under this Agreement i,
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and it'
duration.
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mSURAN~E
8.1 The CONSULTANT shall obtain InSurance as specified and maintain the required
insurance at at times that this Agreement la In effect. Profeaslonal liability
Insurance shaH also be maintained as specified. In the event the completion of
the project (to include the work 01 others) is delayed or suspended aa a reault of
the CONSULTANTS failure to purchase or maintain the required Inaurance~ the
CONSUL TANT shaH indemnify the COUNTY from any and al increased
expenses resulting from such delay.
8.2 The coverage provided herein shall be provfded by an Insurer with an A.M. Best
Rating of VI or better. that Is fk:enaed to do business In the State 01 FforJda and
that haI an agent for seMce of proceu within the State of FrorIdtt. The Insurance
certItJcate shaI contain an endorsement providing thirty (30) daya notice to the
COUNTY prior to any cancellation 01 said coverage. Saki coverage shall be
written by an fnaurer acceptable to the COUNTY and shaI be In a form
acceptable to the COUNTY.
8.3 CONSUl. TANT shalf obtain and maintain the following poIIdes;
A. WOftc..... Compensation Insurance 81 required by the State of FIorfda.
8. Employers liability Inaurance with Imlts 01 $1.000.000 per AccIdent,
$1.000.000 Ofae8se. poley limits. $1.000,000 Ofaease each emplo)'H.
c. Comprehensive buaIneu aut0m0biie and vehicle liabiiity InIUl'8l1Ce coverfng
c:l8lma for Injurfea to members of the pubic and/or damagea to property of
other8 arising from use 01 motor whIcIe8, Including onaIte and offalte
operatfona, and owned, hired or non-owned whIcIe8, with One Million Dollars
($1,000,000.00) combined single limit and One Minion Dollars
($1,000,000.00) amual aggregate.
D. CommercIal general lability covering c:IaIm8 for lnJutIea to members of the
pubic << damage to property 01 othera arfIIng out of any COV8I8d act or
omIaaJon of the CONSULTANT or any of Its employees, ageni8 or
aubconfractcn or aubconaun.ntl, including Premlsea and/or Operatfon.,
Independent Contractors; Broad Fonn Property Damage and . Contractual
LiabIIIy Endorsement with One Minion Doffa... ($1.000,000) per occurrence
and annual aggregate.
E. Professional liability insurance 01 One Million Dollars ($1.000,000.00) per
claim and Two MiUlon Dollal'l ($2,000,000.00) annual aggregate. " the policy
i. a -claim. made- policy, CONSUl T ANT shaI maintain coverage or
purchase · "fair to cover clalma made after completion 01 the project to cover
the statutory time limits In Chapter 95 01 the Florida Statutes.
F. COUNTY shal be named aa an additional Insured with respect to
CONSUlTANTS liabilities hereunder in Insurance coverage identlffed in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above. and to any Increased limits of
CONSULTANT if so required by COUNTY during the term of this Agreement
COUNTY win not pay for Increased limits of Insurance for subconsultants.
H. CONSULTANT shaH provide to the COUNTY certificates of insurance or a
copy of all insurance poIJcJe. including those naming the COUNTY as an
additional Insured by Section 12.1.3 Including any subsection thereunder.
The COUNTY reserves the right to require a certifled copy of such policies
upon request.
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1.1 SEC'nON HEADINGS
SectIon headings have been Inserted In this Agreement as 8 matter d
COI1VMfence d reference only, and It II agreed that such sectfon headings 81'8
not . part of this Agreement and wfI not be used In the interpretation of any
provision of this Agreement
1.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSUlTANT for IhIa Project shaI become the
property of the COUNTY upon payment In whole and In part of sums due
consuft8nt and may be reproduced and copied wfthout acIcnowfedgement CK
permlulon of the CONSULTANT.
1.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shaI not assign Ita right heretmder, except Ita right to
payment, nor IhaI It delegate any d Ita c:IutIM hereunder' wfthout the written
consent of the COUNTY. Subject to the provf8Ione d the immediately preceding
sentence, each party hereto bInda ItaeIt, Ita succesacn, asslgne and legal
representat1ve8 to the other and to the IUCCelsora, asslgn8 and legal
repreeentat1ve8 of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein she. create any relationship, contractual or otherwise.
with or any rights In favor of. any third party.
9.5 TERMINAnON
Either party hereto may tannlnste this Agreement upon gMng seven (7) days
written notice to the other In the event that such other party substantially falls to
perform its material obligation. set forth herein. The COUNTY may terminate this
Agreement without cause upon giving seven (1) days written notice to the
CONSULTANT. " the COUNTY utilfzea thi. provfsion, the termination shaM
supersede any obligation under paragraph 9.15. T enninatlon expenses shall be
paid and shaJ include a' expenses until date of termination and any additional
services required in order to stop performance of services, subject to audit for
verification.
9.' CONTRACT DOCUMENTS
this contract consists d the Agreement (Articles I-IX), the CONSULTANTS
response to the Reauellt for Quallflcstiona for Profession., ~~ F':,~
with DlsabflitiH Act (ADA) ComDflance Asseumenta for __ _____-'_ _
Roads. the documents referred to In the Agreement as a part d this Agreement,
and attachments ADoendlx -A- Servfce Schedule and ADDend'" -8- ADt.
Inventorv List of Sulldlnas. Partca. BeachM and Roadf. In the event of any
conflict between any of the contract documents, the one Imposing the greater
burden on the CONSULTANT WI' control.
1.7 PUBUC ENnnEI CRIMES
A penon or amRate who has been placed on the convtcted vendor 'lat following a
convtctlon for pubic entity crfme may not aubmla bid on conlnlcta to provide any
goods or seMcea 10 . public MfIty, may not submit a bid on . confnIct with a
pubftc entity for the construcUon or repair d a pubic bulldfng or pubic work, may
not submit bids on lea... d real property to pubic entity, may not be awarded or
perform WOIt .. . oonCnIctor, supplier. subcontractor, or consultant under .
contnIct with any public entity, and may not transact busIneaa with any public
entity In excesa d the threshold 8I'J1OW1t provided ., SectIon 287.017 d the
Frortda Statut.., for CATEGORY TWO for a period d 38 monlha from the date of
being placed on the convicted vendor hi.
By slgrW1g IhI8 Agreement, CONSUl.. TANT represents that the execution of thla
Agreement wfI not violate the PubIc entity CrImea Act (SecUon 287.133, FJorId8
Statufn). VJoIatfon d th18 section shaI result ., termInatJon of thIa Agreement
and I"ICOwry d at monIea paid hereto, and may ,...uIt In debarment from
COUNTY'S competJllye procurement actMtfea.
In addJtfon to the foregoing, CONSUl.. TANT fwther ,....".. that there has
been no determination, based on an audit, that It or any subconauIfant haa
committed an act defined by SectIon 287.133, Florida StatufN, .. . -pubic entity
crfme- .-.d that It ". not been fonnaIy charged with commlttfng an act defined
as a -public entity CI'fmel' regardless d the 8mOlI1t d money InYoIved or whether
CONUSUL TANT hat been placed on the corMcted vendor lilt
CONSULTANT will pt"CHIIptIy notify .... COUNTY" It or any subcontractor or
subconsultant .. fonnally charged with an act defined .. a "public entity
crfme" or has been placed on the convfcted vendor IIat
9.8 MAINTENANCE OF RECORDS
CONSUL TANT shaI maintain a' boob. recordl, and documents directly
pertinent to performance under thl. Agreement In accordance with generally
accepted accounting principlee consistently applied. Each party to this
Agreement or ite authorized representatlvee shal have reasonable and Umely
access to such records d each other party to thil Agreement for public records
purposes during the term d the Agreement and for fOil years following the
termination d this Agreement If an audltor employed by the COUNTY or County
Clerk detennines that monies paid to CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement the CONSULTANT
shalf 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.
9.1 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement ahalf be go~ by and construed In accordance with the laws
of the State of Ftorida appllcabkt to contracts made and to be performed entirely
In the State. In the event that any cause of action or administrative proceeding
II instituted for the enforcement or interpretation of this Agreement, COUNTY
and CONSULTANT agree that venue aha. lie In Monroe County, FJorida, In the
appropriate court or before the appropriate administrative body. The Parties
waive their rights to . trial by jt.wy. The COUNTY and CONSULTANT agree that,
In the event of conIIIctfng interpretations of the tenna or . term of thla Agreement
by or between any of the parUea, the Issue IhaI be submitted to mediation prior
to the institution of any other admlnlatratfve or legal proceeding.
9.10 SEVERABILITY
If any term, covenant, condition or provision of thII Agreement (or the application
thereof to any clrcuma81c8 or penson) IhaI be declared invalid or unenforceable
to any extent by a court of competent jurfsdIcUon, the ret'T18/n1ng terma,
covenantl, conditions and provfalonl of this Agreement. shaI not be affected
thereby; and each remaining term, CCMN18I1t, condition and provision of IhIa
Agreement IhaI be vaIfd and IhaI be enforceable to the fullest extent permitted
by law U1.... the enfon:ement of the AIIn8IM1g tenna, covenanta, condltlona and
proWIIona of this Agreement would prevent the eccompllahment of the original
Intent of thll Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any strtcken provfaIon with a valid provision that comee .1
close .1 possible to the Intent of the sfrtcken provision.
9.11 ATTORNEY'S FEES AND COITI
The COUNTY and CONSULTANT ... that In the ewnt any cause of action or
administrative proceedfng II initiated or defended by any party relatNw to the
enforcement or Interpretation of this Agreement, the prevailing party aha. be
entitled to reasonable attorneYI fees and court costa, al an award against the
I1Of1-J)r8V8I1ng patty, and shaI Include reasonable attorney's fees and courts
costa, In appellate proceedlngl. MedIation proceedIngl initiated and conducted
pursuant to IhII Agreement shal be i1 accordance with the Florida Rules of CMI
Procedure and usuaf and customary procedures required by the circuit court 01
Monroe County.
1.12 BINDING EFFECT
The tenns, covenanta, conditlona, and provisions of this Agreement sha' bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
legal representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by a' necessal)'
County and corporate action, as required by 'aw.
9.14 CLAIMS FOR FEDERAl. OR STATE AID
CONSUL T ANT and COUNTY agree that each shan be, and Is, empowered to
apply for, seek, and obtaIn federal and state fundi to further the purpose of this
Agreement; provided that al applications, requests, grant proposals, and fundIng
solicitations ahall be approved by each party prior to submission.
9.15 ADJUDICAnON OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements ahaJI be
attempted to be r8soIved by meet and confer sesslona between representaov.
of each of the pat1fes. "no I'8IOIutIon can be agreed upon wfthIn 15 days after
the fht meet and confer sesaJon. the Issue or Is... shaI be dfacussed at .
pubic meetfng of the Board of County Commlulonela. " the Issue or Issues ....
sUI not resolved to the satisfaction of the partfea, Ihen any party shall have the
right to seek such relief or remedy as mey be ptOVfded by IhII Agreement or by
FIortdIIIaw.
1.11 COOPERAnON
In the event any administrative or IegItI proceeding Is instituted against either
party relating to the fonnatfon, executfon, performance, or breach of this
Agreement" 'COUNTY and CONSUL. TANT agree to pattlclp8te, to the extent
required by the other party, In aI proceedInga, heatfnga, process.., meeting.,
and other 8ctMtJea related to the subat8nce of Ihfa Agreement or provision of the
servfcea under thIa Agreement. COUNTY and CONSULTANT specHlcally agree
that no party to this Agreement ahaI be required to enter Into any 81'b1tratlort
proceedings related to IhII Agreement.
1.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there wfI be no dfacrfmlnatfon against
any person, and it Is expressly understood that upon . determination by . court
of competent jt.wfsd1ctJon that dfscrinIn8tfon ha occurred, this Agreement
automatically terminates without any futther actfon on the part of any party,
effective the date of the court order. CONSULTANT or COUNTY agrees to
comply with aI Federal and FJorida statutes, and aI local ordinances, a.
applicable, relating to nondlscrfmlnatfon. These Include but are not limited to: 1 )
TItle VI of the CMI Rights Act of 1964 (Pt. 88-352) which prohibits discrimination
on the basis of race, color or naUonal origin; 2) TItle IX of the Education
Amendment 01 1972, as amended (20 use II. 1681-1683, and 1685-1688),
which prohIbita discrimination on the basis 01 sex; 3) SectIon 504 01 the
Rehabilitation Act of 1973, . amended (20 use s. 794', which prohibits
dIscrimination on the basis of handicaps; 4) The Age OIscrlmlnatfon Act d 1975,
as amended (42 use SI. 6101-6107) which prohibita dfscrimlnatlon on the basis
of age; 5) The Drug Abuse Offlce and Treatment Act d 1972 (Pl 92-255), as
amended, relating to nondiscrimination on the basil of drug abuse; 6) The
Comprehensive AkohoI Abuse and Alc0hoIIsm Prevention, Treatment and
Rehabilitation Act of 1970 (Pl 91-616), as amended, relating to
.
nondiscrimination on the basil of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, sa. 523 and 527 (42 USC sa. 69Odd-3 and 29Oee-3),
as amended, relating to confidentiality of alc0hoi and drug abuse patent records;
8) Trtfe VIII 01 the CivtI RIghts Act of 1968 (42 use I. et seq.), 8S amended,
relating to nondfscrfmfnatJon In. the sale, rental or financing of housing; 9) The
Americana with DisabIlities Act of 1990 (42 use s. 1201 Note), as maybe
amended from time to tfme, relating to nondiscrimination on the basis of
dIsability; 10) Monroe County Code Chapter 13, ArtIcle VI, which prohibits
dIscrimination on the bas.. of race, color, sex, religion. national origin, ancestry,
sexual orientation, get"Id<< identity 01' expression, familial status or age; 11) Any
other nondlscrfmlnation provisions In any Federal or state statutes which may
apply to the parties to, or the subject matt.. of, this Agreement.
1.11 COVENANT OF NO INTEREST
CONSUlTANT and COUNTY CO\W18nt lh8t neither presently has any Interest,
and shaI not acqun any Interest, which would conIIIct In any menner 01' degree
with fta performance under thIa Agreement, and that only Interest of each Is to
perform and receMt benefits .. recited In thIa Agreement.
1.11 CODE OF ETHICS
COUNTY agrees that oIIIcenI and emplo~ of the COUNTY recognize and will
be required to comply with the ltandarda of conduct for public otfIcera and
employee8.. delineated In SectIon 112.313, Frortda Statutes, regarding, but not
limited to, soIIcItatfon or acceptance of glfta; doing buaIneu with one'. agency;
unauthorfzed compensaUon; misuse of public position, conIIctfng M1p1oyment 01'
contractual relationship; and dlsclos.... or .... of certain information.
1.20 NO SOUCITA11ONIPAYMENT
The CONSULTANT and COUNTY warrant that. i1 respect to Itself, it has neither
employed nor retained any compalny 01' person, other than . bona fide employee
working solely fOl' It, to IOIcIt 01' secure thIa Agreement and that It has not paid or
agreed to pay any person, compeny, COtpOnItIon, individual, 01' firm, OCher than .
bona fide employee wortdng solely fOl' It, any fee, commission, percentage, gift,
01' other conaIderatJon contfngent upon or resulting from the award 01' maldng d
this Agreement For the breach or vIoIallon 01 the provfslon, the CONSULTANT
agrees that the COUNTY shall have the right to terminate thIa Agreement without
liability and, at Ita discretion, to offset from monies owed, or otherwise recover,
the fuI amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY aha. allow and permit reasonable access to,
and inspection of, al documents, papers, letters or other materials In its
possession or under 1m control subject to the ptOvIsIons of Chapter 119, FlorIda
Statut., and made (X received by the CONSULTANT and COUNTY in
connection with this Agreement; and the COUNTY shaI have the right to
unifateraly cancel this Agreement upon violation of this provision by
CONSULTANT.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28. Florida Statutes. the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
any commercia' 'iability insurance coverage. self-insurance coverage. or local
government liability insurance pool coverage aha. not be deemed a waiver of
Immunity to the extent of liability coverage. nor shaI any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND 'MMUN,nES
AI of the privileges and immunities from liability. exemptions from laws,
ordInances. and rules and pensions and relief. disability. WOt1<era' compensation.
and other benefJta which apply to the actMty of oIfIcerI. agents, or employees of
any pubHc agents or employeea of the COUNTY. when perfonnlng their
respective functIona under this Agreement within the tenfforfaI limits of the
COUNTY sh8I apply to the same degree and extent to the performance of such
functJona and dutiea of such oftIcerI. agents. YOIunteerl, or employees outside
the ten1torf8Ilfmlta of the COUNTY.
9.24 LEGAL OSUOATIONS AND RESPONS'8'LmES
Non-DeIegatlon of Constituti0nai or Statutory DutIea. ThJa Agreement fa not
Intended to. nor sha. It be construed u, reIlevfng any participating entity from
any obligation or responsJbIIJty Imposed upon Ihe entity by law except to the
extent of 8du8I and timely petfOl1l18l'lCe thereof by any participating entity, In
which case the performance INIY be offered In satisfaction of the obligation or
rwponsIbity. FlM1her, thIa AgI1let11ent fa not Intended to, nor shaI It be
construed a.. 8uthorizfng the delegation of the conetltutlonel or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and C8M 18w.
1.25 NON-REUANCE BY NON-PARnES
No person or entity shaI be entitled to rely upon Ihe term., or any of them, of thla
Agreement 10 enforce or attempt to enforce ~ IhIrcf..p8tty claim or entitlement to
or benefit of any s<<vfce or program contemplated hereunder, and the
CONSULTANT and the COUNTY agree that nefIher the CONSUL TAHT nor the
COUNTY or any agent, otrIcer. or emplo)we of either shaI have the aulhority to
Inform. counsel, or otherwfse indicate that any patfIcufar indMduaI or group of
Indlvtduals. entity or entitfel, have entitlements or benetIte under thla Agreement
separate and apat Inferfor to. or superfor to the community In general or for the
purposes contemplated in this Agreement.
9.21 ArrESTATIONS AND TRUTH 'N NEGOnAOON
CONSUL TANT agrees to execute such c10cumerQ . COUNTY may reasonably
require. including a PublIc Entity Crime Statement, an Ethics Statement, and a
Drug-Free WOtkpIace Statement. Signature 01 this Agreement by CONSULTANT
sha. act a. the execotion 01 a truth In negotiation certitJcate stating that wage
rate. and other factual unit costa supporting the compensation pursuant to the
Agreement are accurate. complete. and current at the time 01 contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was
Increased due to Inaccurate. incomplete. or concurrent wage rates and other
factual unit costs. All such adjusbnents must be made within one year following
the end of the Agreement
9.27 NO PERSONAL LlAB'UTY
No covenant or agreement contained here'n shaM be deemed to be I covenant or
agreement of any member. offfcer. agent or employee of Monroe County in his or
her individual capacity. and no member. officer. agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
llabjlity or accountabjllty by reason of the execution of this Agreement.
9.2' EXecunON IN COUNTERPARTS
ThIa Agreement may be executed in any number of countetp8lta. each of which
shall be regMled 81 an orfgIneI. II of which taken together shaI constitute one
and the same insbunent and any of the pertIea hereto may execute thIa
._.~ by signing any such counterpart
.""~ .~~... U. -",;'..:.., ~
/JH,.B',' . , .WH.EREOF. each party h8a caused this Agreement to be executed by ita
. ;:.du~"" . ~. ~tIw on the day and year flrst above written.
'''BI''! "'~'
, ~ (. >~}~{ , i 1 80ARD OF COUNTY COMISSIONER8 01'
...... "1(OLHAGe. CIertr MONRoe COUNTY, FLORIDA
, -:",' """'" ,"'~
B~-J-4
BY:
Title:
B~ ~q~
Ma)W1Chaiman JUll 6 Z008
CONSULTANT-M8UK2M Architecture, 'nc.
Michael 8. I.......
By; At.kJ.6tl~,
~
(SuI)
Atteat:
Title:
Date:
i
END OF AGREEMENT
~,'~
N'UI.,.
.. ca-lSSt(W, 00 3rl215
'. :,:/ 8orWcI~~~ ,
~ ~'J ~ ~ ~~~ I;.jf;, 2COt
, /j /1' --.tJ,-r" '"O"A e CU""n ArTO~:J,,"
(;tn---/{ ,r AP oveo AS TO (!;;jJ
{/ -4ATI EENE 1/11 CASSF:L -
A SISTANT C!iUJ~: ( ATTCF-. ~EY
_ , '1/tJ/I'H'/
APPEraX A
The blowing i1tlrmaaan la an ifemzaaon of 88fVlcII t) be JI'OYfded b each bulfdng, road. or beach I PIIt
lype:
.. .....
IUcInge - Monroe Ccu1ty- Pet BulIci1g Strvfoe 0Ml8d and Leased
ExIsInt Condlone Anafy*
PhoqJaph
Mean
Tedng
Draft PfanlnI Noll Problem Areal
PrIpn RIpcrt- MIIIn ~ d problem and IOWan ILtJPOI'IId by pIcb'M", ctiM1g
QudIr -1ppIOQrr*~ 574,724 equn....
~- Tobe~1Id no............, " 3JC>>
CcIt-I430I."..,.- 674.124-1172,417.20 -117,241.12- '155, 115.41
MInItutt 0I126D,. building
..... Ev.....1JuMv .......~ hiIlIng..- ........~
QudIr - appro~*,' 50..
~- To be 00IIl*1Id no......... ,..., 1, 2008 - wart t>> be doni 00fICIINnt"1JuMv
1I1111fl~ ...
Colt -16001'" -l24arlOO_I25OO.00-I22.600.oo
........... -eo.,. RoD n Key W. .. ........ and K., HMn (Raloon Key)
an., ~.-.. cua.. cut>>,....1Wtd pIIImed.........,.
~EJdIIngCordb.
an., SIdIw...-.............. MIJ 100-1Ja1
Or.q-Hlr....anfy
<Mr1IIr - .w-"~11..lrv 100 .................. Itltr 88,212.... fill (fJ at aIdIMalk
~- To be 0CIft1Jk1ld no......... u., " D8
eo.t-l3tJO/~ -100- ""arloo _ ~oo-I31,600.oo
eo.t-1I,212 IoI.....II()(J'- .,...., J1dt* - fj()- ~ 160.00 -13315.00- ~_DO
....1,..
SIIWJ --.. hilling........"....,..
~EJdIIngCadol.
SIIWJ~ IODIII
PnIpn Repcrt- MIIIn dIecI~ d problem and dIIcI1lLtJP01'11d by pIcUw.
QIdIr -13pna...,...
~- To be~1Id no......... M.m 1,2008
CcIIt - **132,250.00 -1322400 -129,02!()(J
HIny HmfI PIIt
HggI s.a PIIt ... AIIIo car
K., l.qo Conrru1Iy pn
'nn*h Pn
FrlendIIip PItt
V...... Part
WafIan ReId Pn
8aypoiJt Part
BlII Heron Pn
SeaIer'. Part
S86OO.00
S6OOO.oo
$6(Q).00
SDJO.OO
$1750.00
$1500.00
$1500.00
$1500.00
$1500.00
$1000.00
Sw18II PoInt Pn
Pam \111 PIrt
Whtrina Hney Pan
$1000.00
$1000.00
$1000.00
Tempcny Leu:.... - PoIng PfICII en,
Alcq'aph ExilIng ConcIb.
&IWJ pall tom J)Ifb1g ...10 ....1ocaIan d poling 8fMdI
field....... ~ ... whn.... nlocalld
DrIll PIInI tnd Noel ProIlIIm lIMa
PrIpR Rtport -.....~ d problem and dIIoa IUppOrtId by pIcUee and ctlWfng
QJdly - approDnll.1v 281oc11an1
SchecUI- To be ~1IId no '* 11Ift MIrd11, 2008
Colt - $6OtY ~ · 21- "3,000.00'" "300.00 - ",, 700.00
u.. DocunInI.......
......... docu'IMIlo dlll3l.'_ Mtit pq II AIIpOnIIbIe 10 bmg buIcIng h ~
.............. ea.n,~. alae.......... DeIVI PrJrllJ'OillllCOllllo...
dacuNnII. M.... DUll...... .. docu'IMI"""""" oanIdenIIf ....... by
.. Ccu1rr r not pIrt d..1U* r'ICXIfd.
QudIr -28 em-un>
~ - 2.... -to be 0CII1.f:....~ no ......... MIrd11, 2008
Colt.. $2001.... 21- $62Ql00 _$62(100- "",.00
eoo....... fI.. CIpIII ~....
0eIfgn Pr:cltl ..rt.\lII.. oaordnIII... .. CIpIII ~II ~ b..,. $.10,...,
RIcxlrmw1dIIanI.. be preclnlltd on ..... III buIcI1g " .... blWlOVlIIon, demoIlon, or
10 IIf1'IIIn LI1ChangId.
~ -1 manit. 10 be OCIIi~""~ no ......... 1IInlII1, 2008
Colt - "600.00'" "60.00- ",3tJtJ.00
....01 CllKUII Oft fie......... 01 BHto..
0eIfgn A...n II'~"''''''''' ~...... dEldal. dIIdcIIf b' 1Jtn1Q., """10
......~ cdIrfI.. 001..... h ...... ea..w..III tnd f'IOCIIIIIWldId 1IWfIb...
be pnMdId." ......
SchecUI-1 manit -10 be ~I"I~ no.............. 1, 3J08
Colt - "500.00'" "6400- $1,3IJIJ.00
End III'" ......
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