06/21/2023 Agreement 0"COURr"
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller— Monroe County, Flodda
DATE: ,]titre 23, 2023
TO: 111-1'llari`' Burlier, Sr. Adiiiiiiistralor
INIariiie Resources
k FROM: Pam G o 6b
ela . I laric ,C.
SUBJECT: juric 21" 110CC Nleelilig
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Mariagemerit ((;eosN,iitec) to perl'Onii Nlooriiig Field Desigai & Peniiittiiig Senices iii Moirroe
ComilN-. Tola1 contract aiiiomit is $399,000.00 to be I'Mided eiitjrel}' by State offlorida 1,egislative
Allocation FY 202 1 arid/or dirougli Count}' BLF I'Mids until Ixglislative Allocation becomes
available.
Should you liave ariv (Itiestioiis please I'Cel free to coiitact me at (305) 292-3550.
CC: Count®, Attoriici'
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plan lion Key,Florida 33070 Plan on Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT FOR CONSULTING SERVICES FOR MOORING FIELD DESIGN AND
PERMITTNG SERVICES IN MONROE COUNTY
This Contract is made and entered into this 21 st day of June 2023 , by the MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of
the State of Florida, whose address is the Marathon Government Center, 2798 Overseas
Highway, Marathon, Florida, 33050, and GEOSYNTEC CONSULTANTS, INC. dba APPLIED
TECHNOLOGY AND MANAGEMENT ("CONSULTANT"), whose address is 900 Broken
Sound Pkwy NW, Suite 200, Boca Raton FL 33487.
Section 1. Representations and Warranties and Term of Contract
1.1 The CONSULTANT shall secure, maintain, and pay for any and all licenses, certifications,
or other authorizations necessary to act as CONSULTANT for the COUNTY until the
CONSULTANT'S duties hereunder have been satisfied. By signature hereon, the
CONSULTANT warrants that it is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in this Agreement
and its attached exhibits. Proof of such licenses and approvals shall be submitted to the
COUNTY upon request. The CONSULTANT has, and shall maintain throughout the term of
this Contract, all appropriate licenses, certifications, or other approvals or authorizations
required to conduct its business, and hereby represents that it will at all times conduct its
business activities hereunder in a reputable manner.
1.2 The CONSULTANT shall prepare all documentation required by this Contract in such a
manner that it/they will be accurate, coordinated, and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable
law(s), codes, and regulations. The CONSULTANT warrants that the documents prepared as
part of this Contract will be adequate and sufficient to document costs in a manner that meets
the COUNTY'S satisfaction, therefore eliminating any additional cost due to missing or
incorrect information.
1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to
its performance and with regard to those directly under its employ or authority.
1.4 The CONSULTANT'S tasks shall be performed as expeditiously as is consistent with the
professional skill and care and the orderly progress of tasks assigned by the COUNTY. In
performing the work required under this Contract, the CONSULTANT shall abide by all
statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions, of such
tasks and activities, including those now in effect and hereafter adopted. Any violation of
such law(s) shall constitute a material breach of this Contract and shall entitle the COUNTY
to terminate this Contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.5 At all times and for all purposes under this Contract the CONSULTANT is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONSULTANT or any of its employees, subcontractors,
servants, representatives, or agents to be employees of the COUNTY. As an independent
contractor, the CONSULTANT shall provide independent,professional judgment and
comply with all federal, state, and local statutes, ordinances, rules, and regulations applicable
to the services to be provided.
1.6 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring,promoting, terminating, or any other area affecting employment
under this Contract or with the provision of services under this Contract.
1.7 The effective date of this Contract shall be the last day on which it is signed by both of the
parties.
1.8 Term of Contract. The term of the Contract shall be for two (2)years, commencing on this
Contract's legal effective date and ending two years after that date (up to and including the
last date of such period, unless such day is a Saturday, Sunday, or legal holiday, in which
case the last legally effective day of the Contract shall be the next day which is not a
Saturday, Sunday, or legal holiday).
1.9 Correction of Errors, Omissions, Deficiencies. The CONSULTANT shall, without
additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in
the work product of the CONSULTANT.
Section 2. SCOPE OF SERVICES. The CONSULTANT shall do,perform and carry out in a
professional and proper manner certain duties as described in the Scope of Services -Exhibit A
and Exhibit B -which are attached hereto and made a part of this Contract as if fully stated
herein.
Section 3. TIME OF COMPLETION. The services to be rendered by the CONSULTANT
shall be commenced upon the Contract's legal effective date and shall be completed in
accordance with a schedule directed by the COUNTY's Marine Resources Office to
CONSULTANT.
Section 4. COUNTY'S RESPONSIBILITIES
4.1 The COUNTY'S Contract Manager shall be the Monroe County Marine Resources Office
Senior Administrator, who has authority to(D act on the COUNTY'S behalf on all matters
concerning the CONSULTANT'S work-product contemplated by this Contract, and(22,)to
administer this Contract and monitor compliance with all terms and conditions stated herein.
4.2 The COUNTY'S Contract Manager shall coordinate with CONSULTANT as necessary for
the CONSULTANT'S performance of the tasks in Exhibit"A." The COUNTY shall review
submittals by CONSULTANT and provide prompt responses to questions submitted thereto,
in in order to minimize delay in the progress of the CONSULTANT'S work-product
contemplated herein.
Section 5. BUDGET/COMPENSATION
5.1 Budget. The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budged for this Contract in the
COUNTY's fiscal year(October 1 - September 30)by the COUNTY'S Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
COUNTY'S Board of County Commissioners. The COUNTY'S performance and obligation
to pay under this Contract is contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of Contract initiation.
5.2 Compensation. The maximum compensation available to CONSULTANT under this
Agreement is based on the tasks detailed in the Scope of Services. The COUNTY agrees to
pay CONSULTANT based on completion of work within the Scope of Services according to
the deliverables detailed in the Scope of Services. Compensation shall be paid by specific
assignment/engagement completed which both falls under authorized Task 1 through Task 4
on Exhibit"A" and Task_l through Task-4 on Exhibit`B" and is/are deemed satisfactory
by the Contract Manager. Any additional services included in Task 1 through Task 4 on
Exhibit"A" and Task_l through Task_4 on Exhibit`B" must be authorized by the Board
of County Commissioners. The total not-to-exceed cost for providing the services contained
in Task 1 through Task 4_on Exhibit"A" is $179,000.00 and Task_l through Task-4 on
Exhibit`B" is $219,000.00.
Section 6. PAYMENT TO CONSULTANT
6.1 Payment will be made according to the Local Government Prompt Payment Act. Any request
for payment must be in a form satisfactory to the Monroe County Clerk of Court("Clerk").
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must
describe in detail the services performed, the payment amount requested, and supporting
documentation, including copies of receipts from the transfer station. CONSULTANT must
submit to the COUNTY Contract Manager, who will review the request. The Contract
Manager shall note his/her approval on the request and forward it to the Clerk for payment. If
request for payment is not approved, the Contract Manager must inform CONSULTANT in
writing that must include an explanation of the deficiency that caused the disapproval of the
request.
6.2 CONSULTANT shall submit, by U.S. Postal Service certified mail, or as otherwise agreed
upon in writing by the COUNTY Contract Manager, when a lump sum task has been
completed, an invoice by tasks as detailed in the Scope of Services in the following form and
address:
Monroe County Marine Resources Office
Subject: Invoice
Attn: Senior Administrator Ms. Brittany Burtner
2798 Overseas Highway, Marathon, Florida 33050
6.3 CONSULTANT shall submit such invoices for tasks that have been deemed completed in
writing by the Contract Manager, no later than fifteen (15) calendar days after each calendar
month of task(s) completed.
6.4 Any extension of this contract into the County's next fiscal year is contingent upon an annual
appropriation by Monroe County.
Section 7. INSURANCE.
7.1 The CONSULTANT shall obtain insurance and maintain the required insurance at all times
that this Contract is in effect. In the event the completion of authorizes work is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
7.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to
terminate this Contract.
7.3 The COUNTY, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
7.4 Delays in the commencement or completion of work, resulting from the failure of the
CONSULTANT to provide satisfactory evidence of the insurance required under this
Contract, shall not extend deadlines specified in this Contract, and any penalties and/or
failure to perform assessments shall be imposed as if the work commenced on the specified
date and time.
7.5 The acceptance and/or approval of the CONSULTANT'S insurance shall not be construed as
relieving the CONSULTANT from any liability or obligation assumed under this Contract or
imposed by law.
7.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on all of the CONSULTANT'S insurance policies to satisfy this
Contract's requirements, except for Workers' Compensation.
7.7 All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum thirty (30) days prior
notification is given to the COUNTY by the insurer.
7.8 General Liability Insurance. As a prerequisite of the work governed, the CONSULTANT
shall obtain, at its sole own expense, insurance as specified in the attached schedules, which
are made a part of this Contract. The CONSULTANT shall require all subcontractors to
obtain insurance consistent with the attached schedules. The CONSULTANT shall ensure
that any and all sub-contractors maintain the same types and amounts of insurance required
of the CONSULTANT. The CONSULTANT shall be named as an additional insured on all
subcontractors' liability policies. Upon request of the COUNTY, the CONSULTANT shall
provide such evidence of insurance required of the subcontractor. The CONSULTANT will
not be permitted to commence work governed by this Contract(including pre-staging of
personnel and material)until satisfactory evidence of the insurance required by this Contract
has been furnished to the COUNTY as specified herein, and, when requested by the
COUNTY and/or where otherwise applicable, the CONSULTANT shall provide proof of
insurance of all approved subcontractors. The coverage provided herein shall be provided by
an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of
Florida and that has an agent for service of process within the State of Florida. The coverage
shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the
COUNTY and shall be in a form acceptable to the COUNTY. Prior to the commencement of
work governed by this Contract, the CONSULTANT shall obtain and maintain General
Liability insurance. Coverage shall be continuously maintained and include, at a minimum:
Insurance Requirement Required Limits
General Liability $300,000 Combined Single Limit
Vehicle Liability
■ $200,000 per person
■ $300,000 per occurrence
■ $200,000 property damage
Professional Liability
■ $300,000 per occurrence
■ $500,000 aggregate
Watercraft Liability $500,000 per occurrence
Worker's Compensation
■ $100,000 Bodily Injury by Accident
■ $500,000 Bodily Injury by Disease,policy limits
■ $100,000 Bodily Injury by Disease, each employee
Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not to
be associated with Longshoremen's Insurance), the CONSULTANT'S Workers' Compensation
Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A.
subsection 688)with limits not less than $1 million. The CONSULTANT shall be permitted to provide
Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage
provided is no less restrictive than would have been provided by a Workers' Compensation policy.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
as a Loss Payee on all policies issued to satisfy the above requirements with the exception of
Professional Liability and Worker's Compensation.
The CONSULTANT shall maintain the insurance required by this Contract throughout the entire
term of the Contract and any extensions specified in the attached schedules. Failure to comply
with these provisions may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced.
The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required
insurance:
• A Certificate of Insurance
or
• A certified copy of the actual insurance policy.
7.9 Coverage shall be maintained throughout the entire term of the contract.
7.10 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
7.11 If the CONSULTANT has been approved by the Florida Department of Labor as an
authorized self-insurer, the CONSULTANT may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance,providing
details on the CONSULTANT'S Excess Insurance Program.
7.12 If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
7.13 The CONSULTANT shall require its subcontractors to be adequately insured at least to
the limits prescribed above, and to any increased limits of the CONSULTANT if so required
by the COUNTY during the term of this Contract. The COUNTY will not pay for increased
limits of insurance for subcontractors.
7.14 The CONSULTANT shall provide to the COUNTY certificates of insurance and a copy
of all insurance policies including those naming the COUNTY as an additional insured and
as a loss payee. The COUNTY reserves the right to require a certified copy of such policies
upon request.
Section 8. INDEMNIFICATION AND HOLD HARMLESS
8.1 The CONSULTANT agrees to indemnify and hold harmless the COUNTY and its officers
and employees, for/from liabilities, damages, losses, and costs, including but not limited to,
all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of
any kind, arising out of, related to, or in connection with the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s), and other persons
employed or utilized by the CONSULTANT in the performance of this Contract, or arising
out of, related to, or in connection with the willful non-performance of the CONSULTANT.
The CONSULTANT shall be solely responsible and answerable for any and all accidents or
injuries to persons or property arising out of, related to, or in connection with its performance
of this Contract, including those of any subcontractor(s).
8.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Contract. Should any claims be asserted against
the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold
the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby
and shall further defend any claim or action on the COUNTY's behalf.
8.3 In the event completion of the work assigned (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against the COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provided by the
COUNTY or CONSULTANT, the CONSULTANT agrees and warrants that the
CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claims or action on the COUNTY's behalf.
8.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it for
any delays or hindrances attributable to the COUNTY, for whatever cause, during the
progress of any portion of the services specified in this Contract. The CONSULTANT agrees
that it shall not be entitled to damages for delay
8.5 The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for this
project, and shall correct at its expense all significant errors or omissions therein which may
be disclosed. The cost of the work necessary to correct those errors attributable to the
CONSULTANT and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONSULTANT.
8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
8.7 This hold harmless and indemnification shall survive the expiration or early termination of
the Contract.
Section 9. STAFFING
9.1 As staffing is of paramount importance to the timely and proper completion of this Contract,
the CONSULTANT shall provide services using the following standards, as a minimum
requirement:
The CONSULTANT shall provide at its own expense all necessary personnel to provide
the services under this Agreement. The personnel shall not be employees of or have any
contractual relationship with the COUNTY.
All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under Federal, State, and local
laws to perform such services.
Section 10. CONTRACT TERMINATION. The COUNTY may terminate this Contract for
any reason, with or without cause, upon written notice to CONSULTANT. Immediately after
receiving such notice, CONSULTANT shall immediately discontinue advancing the services
contemplated herein, and deliver all work-product(including but not limited to data, documents,
drawings, field survey notes,public records (as that term has been construed under Chapter 119,
Florida Statutes), reports, etc.)to the COUNTY, whether unused,partially completed, or fully
completed. Compensation shall be paid to the CONSULTANT through the end of services
performed and provided to the COUNTY up to the date of termination.
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other party
thirty(30) days written notice of its intention to do so.
C. 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 CONTRACTOR should CONTRACTOR fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5)
calendar days' notice and provide the CONTRACTOR 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 CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,
unless the cost of completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for damages caused by
the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all rights available to
recoup monies paid under this Agreement,including the right to sue for breach of contract and
including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,
at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this
agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost of completion to
the COUNTY exceeds the funds remaining in the contract. The maximum amount due to
CONTRACTOR shall not exceed the spending cap in this Agreement
E. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
the County shall have the option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
Section 11. AUTHORIZATION OF WORK ASSIGNMENTS
11.1 All work assignments beyond or in addition to Scope of Services —Exhibit"A" and
Exhibit`B"must be authorized in writing and approved by the Board of County
Commissioners.
11.2 There may be additional instructions or provisions specific to the authorized work in the
Scope of Services for the purpose of clarifying certain aspects of this Contract pertinent to
the work to be undertaken. Such supplemental instruction or provisions shall not be
construed as a modification of this Agreement. Authorizations shall be dated and serially
numbered.
11.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, monies that may become due or monies that are due)
this Contract or subsequent Work Assignment without the prior written approval of the
COUNTY in the form of a Consent to Assignment of Agreement, except to the extent that
any assignment, subletting, or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written approval to any
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
Section 12. NOTICES
All legal notices, requests and authorizations provided for herein shall be in a signed document
and shall be hand delivered, or mailed, certified/registered/return receipt requested, or sent by
courier service with a signed receipt, to the addresses as follows:
To the COUNTY: Monroe County Marine Resources Office
Attn: Marine Resources Office Senior Administrator Brittany Burtner
2798 Overseas Highway
Marathon, Florida 33050
With a copy to: Robert B. Shillinger, Monroe County Attorney
Monroe County Attorney's Office
1111 121h Street
Key West, FL 33040
To CONSULTANT: Robert Semmes, Project Manager
Geosyntec Consultants, Inc. dba Applied Technology and Management
900 Broken Sound Pkwy NW, Suite 200
Boca Raton FL 33487
Or addressed to either party at such other addresses as such parry shall hereinafter furnish to the
other parry in writing. Each such notice, request, or authorization shall be deemed to have been
duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when
deposited in the mails, registered,postage paid, return receipt requested.
Section 13. Maintenance of Records and Right to Audit. CONSULTANT shall maintain all
books, records, and documents directly pertinent to performance under this Contract in
accordance with generally accepted accounting principles consistently applied. Records shall be
retained for a period of 7-years from the termination of this Contract or for a period of 5 years
from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,
whichever is greater. Each parry to this Contract or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Contract for public
records purposes during the term of the Contract and for four years following the termination of
this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court
determines that monies paid to CONSULTANT pursuant to this Contract were spent for
purposes not authorized by this CONSULTANT, or were wrongfully retained by the
CONSULTANT, the CONSULTANT 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.
Right to Audit.Availability ofRecords. The records of the parties to this Agreement relating to
the Project, which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); backcharge logs and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by COUNTY or the Monroe County Office of the Clerk
of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges
related to this agreement, and all other agreements, sources of information and matters that may
in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document(all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by COUNTY's representative and/or agents 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 CONSULTANT's 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 the Monroe County or County Clerk determines that monies
paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Section 55.03, F.S., running form the date the monies were paid to CONSULTANT.
The right to audit provisions survives the termination of expiration of this Agreement.
Section 14. Public Access and Public Records Compliance. The CONSULTANT must
comply with all Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24, Article I, of the Florida Constitution. The COUNTY and the
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 and in connection with this Contract and
related to Contract performance. The COUNTY shall have the right to unilaterally cancel this
Contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT
to abide by the terms of this provision shall be deemed a material breach of this Contract and the
COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as
a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the Contract.
The CONSULTANT is encouraged to consult with its advisors about Florida's public records
laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and
the terms and conditions of this contract, the CONSULTANT is required to:
Keep and maintain public records that would be required by the COUNTY to perform the
service.
Upon receipt from the COUNTY's custodian of records,provide the COUNTY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONSULTANT does
not transfer the records to the COUNTY.
(41 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 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.
A request to inspect or copy public records relating to a COUNTY Contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
COUNTY shall immediately notify the CONSULTANT of the request, and the
CONSULTANT must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the CONSULTANT does not comply with the COUNTY's request for records, the COUNTY
shall enforce the Contract's maintenance of records and/or public access and public records
compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel
this Contract upon violation of said provision(s)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 Section 119.10, 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 provided by
law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE#305-292-3470 BRADLEY-BRIAN(c/MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
Section 15. Compliance with Law. In providing all services pursuant to this Contract, the
CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material
breach of this Agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the CONSULTANT. The CONSULTANT shall
possess proper licenses, certifications, and qualifications to perform work in accordance with
these specifications throughout the term of this Agreement.
Section 16. Disclosure, Conflict of Interest, and Code of Ethics
The CONSULTANT represents that it, its directors,principals and employees,presently
have no interest and shall acquire no interest, either direct or indirect, which would
conflict in any manner with the performance of services required by this Agreement, as
provided in Section 112.311, et. seq., Florida Statutes.
Upon CONSULTANT's execution of this Agreement, and thereafter as changes may
require, the CONSULTANT shall notify the COUNTY of any financial interest it may
have in any and all contracts with Monroe County.
The COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 17. Taxes. The COUNTY is exempt from payment of Florida State Sales and Use taxes.
The CONSULTANT shall not be exempted by virtue of the County's exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is
the CONSULTANT authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. The CONSULTANT shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this Agreement.
Section 18. Financial Responsibility. The CONSULTANT shall not pledge the County's credit
or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or
any form of indebtedness. The CONSULTANT further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement.
Section 19. Miscellaneous
19.1 Successors and Assigns. The CONSULTANT shall not assign or subcontract its
obligations under this Contract, except in writing and with the prior express written
approval of the COUNTY and consistent with the Contract, which approval shall be subject
to such conditions and provisions as the COUNTY may deem necessary. This paragraph
shall be incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Contract. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other parry.
19.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third parry.
19.3 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a
bid on contracts to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
By signing this Contract, CONSULTANT represents that the execution of this Contract will
not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Contract and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been
formally charged with committing an act defined as a"public entity crime"regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
CONSULTANT will/shall promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
19.4 Claims for Federal Aid. CONSULTANT and COUNTY agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work
will be provided to each parry.
19.5 Non-Discrimination. CONSULTANT and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any parry, effective the date
of the court order. CONSULTANT and COUNTY agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which
prohibits discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
6101- 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.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 11, which prohibits discrimination on the basis of race, color, sex,
religion, disability, 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 hereto, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p.
339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200, Appendix H,¶ C, agrees as follows:
1) The consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The consultant will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
2) The consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the consultant, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3) The consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
consultant's legal duty to furnish information.
4) The consultant will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representative of the consultant's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
5) The consultant will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The consultant will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary
of Labor, or pursuant thereto,and will permit access to his books,records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
7) In the event of the consultant's 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 the consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
The CONSULTANT will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The CONSULTANT will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance;provided, however, that in
the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering agency, the consultant may request
the United States to enter into such litigation to protect the interests of the United States.
19.6 No Solicitation/Payment. The CONSULTANT and COUNTY warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Contract. For the breach or violation of the provision,
the CONSULTANT agrees that the COUNTY shall have the right to terminate this Contract
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission,percentage, gift, or consideration.
19.7 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The
CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf
any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance
No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No.
020-1990. For breach or violation of this provision the COUNTY may, in its discretion,
terminate this Contract without liability and may also, in its discretion, deduct from the Contract
or purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift,
or consideration paid to the former COUNTY officer or employee.
19.8 Covenant of No Interest. CONSULTANT and COUNTY covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
19.9 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow
the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited
to:
19.10 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of"federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
19.11 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of$2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. The COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The contractors 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 States"). As required by the Act,
each contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
When required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security
Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the
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 States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R.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 prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees engaged
in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the
preceding weekly payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work.
19.12 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph 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 subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of
$27 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(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
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any
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 tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4).
19.13 Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that"funding agreement,"the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued
by the awarding agency.
19.14 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387, as Amended). CONSULTANT agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42
U.S.C. §§7401-7671q) 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
CONSULTANT agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal
agency. The CONSULTANT agrees to report each violation to the COUNTY and
understands and agrees that the COUNTY will, in turn, report each violation as required to
assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
19.15 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management(SAM), in accordance
with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp.,p. 189) 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 than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. CONSULTANT is required to verify that
none of the CONSULTANT's principals (defined at 2 C.F.R. §180.935) or its affiliates
(defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified
(defined at 2 C.F.R. §180.935). the CONSULTANT must comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. This certification is a
material representation of fact relied upon by the COUNTY. If it is later determined that the
CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the COUNTY, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The Bidder or Proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
19.16 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONSULTANTS that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s)to the awarding agency. If award exceeds $100,000, the attached
certification must be signed and submitted by the CONSULTANT to the COUNTY.
19.17 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323.
CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000;procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. In the performance of this contract, the CONSULTANT shall make maximum
use of products containing recovered materials that are EPA-designated items unless the
product cannot be acquired
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 items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The CONSULTANT also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
19.18 Prohibition on certain telecommunications and video surveillance services or 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 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 e ui1�n�nt produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities,physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
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 covered
foreign country.
19.19 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and
CONTRACTOR should, to the greatest extent practicable,provide a preference for the
purchase, acquisition, or use of goods,products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). These requirements of this section must be included in all subawards including
contracts and purchase orders for work or products under federal award. For purposes of
this section:
(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; aggregates such as concrete;
glass, including optical fiber; and lumber.
Other Federal Requirements.
19.20 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONSULTANT pursuant thereto.
19.21 Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and CONSULTANTS shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take
the following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of
Commerce.
(6) Requiring the Prime CONSULTANT, if subcontractor are to be let, to take the affirmative
steps listed in paragraph (1)through(5) of this section.
19.22 REQUIREMENT TO USE E-VERIFY
In accordance with F.S. 448.095, the CONSULTANT and any subcontractor shall register with
and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the CONSULTANT during the term of the
Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the work authorization status of all new employees hired by the
subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that
the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
CONSULTANT shall comply with and be subject to the provisions of F.S. 448.095.
19.22 FEMA Requirements. (These provisions apply to FEMA grant programs)
Access to Records: Consultant and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing
the Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FEMA) access to records, accounts, documents, information, facilities, and
staff. Consultants must 1. cooperate with any compliance review or complaint
investigation conducted by DHS 2. Give DHS access to and the right to examine and
copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities,personnel, and other individuals and information as
may be necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
DHS Seal, Logo and Flags: Consultant shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA pre-approval. The Consultant shall include this
provision in any subcontracts.
Changes to Contract: The Consultant understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the agreement must be
within the scope of any Federal grant or cooperative agreement that may fund this
Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both
the COUNTY and Contractor.
Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The contractor will comply will all applicable Federal Law, regulations,
executive orders, FEMA policies,procedures, and directives
No Obligation_ by Federal Government. The Federal Government is not a parry to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal
entity, contractor, or any other parry pertaining to any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the contractor's actions pertaining to this contract.
19.23 NRCS Regulations. NRCS administers the EWP program through the following
authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
Section 20. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28,
Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Contract 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.
Section 21. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Contract within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
Section 22. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Contract is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
Constitution, state statute, and case law.
Section 23. No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Contract or be subject to any personal liability or accountability
by reason of the execution of this Contract.
Section 24. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-parry claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or
any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Contract separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Contract.
Section 25. Governing Law,Venue, Interpretation, Costs and Fees. This Contract shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Contract,
COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe
County, Florida, in the appropriate court or before the appropriate administrative body. This
Agreement shall be liberally construed and enforced in favor of Monroe County to effectuate its
public purpose(s) and policy(ies) of the County; the construction and interpretation of this
Agreement and all laws, regulations, or instruments relating to, in connection with, or arising out
of this Agreement, shall be construed in favor of the BOCC and such construction and
interpretation shall be entitled to great weight in adversarial administrative proceedings, in trial,
bankruptcy, and on appeal. This Contract shall not be subject to arbitration. Mediation
proceedings initiated and conducted pursuant to this Contract shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit
Court of Monroe County.
Section 26. Attorney's Fees and Costs. The COUNTY and CONSULTANT agree that in the
event any cause of action or administrative proceeding is initiated or defended by any parry
relative to the enforcement or interpretation of this Contract, the prevailing parry shall be entitled
to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
Section 27. Adjudication of Disputes or Disagreements. The COUNTY and CONSULTANT
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still not resolved
to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy
as may be provided by this Contract or by Florida law. This provision does not negate or waive
the preceding provisions of this Contract concerning termination or cancellation.
Section 28. Cooperation. In the event any administrative or legal proceeding is instituted
against either parry relating to the formation, execution,performance, or breach of this Contract,
COUNTY and CONSULTANT agree to participate, to the extent required by the other parry, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Contract or provision of the services under this Contract. COUNTY and CONSULTANT
specifically agree that no parry to this Contract shall be required to enter into any arbitration
proceedings related to this Contract.
Section 29. Severability. If any term, covenant, condition or provision of this Contract(or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Contract, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Contract shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Contract would prevent the accomplishment of the original intent of this
Contract. The COUNTY and CONSULTANT agree to reform the Contract to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Section 30. Attestations and Truth in Negotiation. The CONSULTANT agrees to execute
such documents as COUNTY may reasonably require, including a Public Entity Crime
Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this
Contract by CONSULTANT shall act as the execution of a truth in negotiation certificate stating
that wage rates and other factual unit costs supporting the compensation pursuant to the Contract
are accurate, complete, and current at the time of 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 adjustments must be made within one year following
the end of the Contract.
Section 31. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and
warrants that:
(A)The CONSULTANT'S name in this Agreement is its full name.
(B)He or she is authorized to act and contract on behalf of CONSULTANT.
Section 32. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Contract have been duly authorized by all necessary and
corporate action, as required by law.
Section 33. Entire Agreement. This Agreement constitutes the entire Agreement between the
County and the CONSULTANT for the services contemplated herein. Any amendments or
revisions to this agreement must be in writing and be executed in the same manner as this
Agreement.
Section 34. Binding Effect. The terms, covenants, conditions, and provisions of this Contract
shall bind and inure to the benefit of the COUNTY and CONSULTANT and subcontractors and
their respective legal representatives, successors, and assigns.
Section 35. Section Headings. Section headings have been inserted in this Contract as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provision of this Contract.
Section 36. Execution in Counterparts.This Contract may be executed in any number of
counterparts,each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Contract
by signing any such counterpart.
s Whereof,the parties have executed this Contract as indicated below.
o
CLERK BOARD OF COUNTY COMMISSIONERS
DOK,
OF MONROE COUNTY, FLORIDA
...............................
s eputy Clerk Holly Merrill Raschein, Mayor Pro Tern
WITNESS a. m Consultant Name.
By:
Print Name: Print Name- Maidi A. Othman
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Exhibit A. SCOPE OF WORK: BOCA CHICA MOORING FIELD
Task 1 —Permitting-level surveys/ mapping
Note: permitting-level hydrographic surveys for the proposed Boca Chica mooring field site have
been completed and will be provided to the selected respondent(s).
a. Conduct a benthic resource survey of the location east of Stock Island as indicated in
Figure 1 ("Project Area") in accordance with permitting guidelines of State and Federal
agencies with jurisdiction on the project.
Deliverables: Benthic resource survey in PDF, GIS and Auto CAD formats for future use
by the County.
b. Conduct a marine debris and derelict vessel survey of the Project Area for use as
potential mitigation information for State and Federal agencies with jurisdiction on the
proj ect.
Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for
future use by the County.
Task 2 —Engineering/Design Work
Note: permitting-level mooring field drawings for this site have been completed and will be
provided to the selected respondent(s).
a. Prepare conceptual layout of shoreside and upland support facilities located at currently
undeveloped waterfront County property including: parking, restrooms, shower facilities,
dockmaster office, dinghy dockage, and pumpout vessel dockage.
Deliverables: Conceptual layout drawings ofshoreside and upland support facilities
with sufficient detail for mooring field permitting in PDF, CAD, and GIS
formats for future use by the County.
b. Prepare probable opinion of construction cost estimate for mooring field support
facilities.
Deliverables: Construction cost estimate for upland support facilities.
Task 3 —Mooring field management plan
Note: A draft MFMP for this site has been completed and will be provided to the selected
respondent(s).
Prepare a Mooring Field Management Plan (MFMP) for submission to DEP. The MFMP will
include all information required by DEP. The consultant will submit a draft MFMP to the County
for review and comment prior to submission to DEP.
Deliverables: Mooring field management plan.
Task 4—Environmental Permitting
a. Schedule and conduct pre-application meetings with agencies with jurisdiction including:
Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife
Division of Law Enforcement Boating and Waterways Section (FWC), Florida Keys
National Marine Sanctuary (FKNMS), United States Army Corps of Engineers (USAGE)
and United States Coast Guard (USCG). Determine if additional permitting-level
surveys/mapping will be required.
Deliverables: Summary memo of each pre-application meeting including any agency
comments.
b. Update permit drawings as necessary following pre-application meetings.
Deliverables: Updated permit drawings as necessary.
c. Prepare and submit environmental permit applications to DEP, USACE and FKNMS.
Deliverables: Copy of submitted permit applications in PDF format.
d. Prepare and submit Sovereignty Submerged Land lease (SSL) request to DEP Division of
State Lands.
Deliverables: Copy ofsubmitted SSL application in PDFformat.
e. Prepare and submit Uniform Waterway Marker Application to FWC and Private Aids to
Navigation Application to US Coast Guard.
Deliverables: Copy of submitted permit applications in PDF format.
f. Conduct Request for Additional Information (RAI) cycle and expedite permitting process
on behalf of the County.
Deliverables: Timely response by consultant to agency RAI.
Exhibit B. SCOPE OF WORK: MAN OF WAR HARBOR MOORING FIELD
Task 1 —Permitting-level surveys/ mapping
a. Conduct a hydrographic survey of the two locations east and west of Wisteria Island
indicated in Figure 2 ("Project Area") in accordance with permitting guidelines of State
and Federal agencies with jurisdiction on the project.
Deliverables: Survey drawing signed and sealed by a Florida Professional Surveyor and
Mapper in PDF, GIS and AutoCAD formats for future use by the County.
b. Conduct a benthic resource survey of the Project Area in accordance with permitting
guidelines of State and Federal agencies with jurisdiction on the project.
Deliverables: Benthic resource survey in PDF, GIS and Auto CAD formats for future use
by the County.
c. Conduct a marine debris and derelict vessel survey of the Project Area for use as
potential mitigation information for State and Federal agencies with jurisdiction on the
proj ect.
Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for
future use by the County.
d. Complete submerged lands lease (SSL) drawings for Project Area as required by the DEP
Division of State Lands.
Deliverables: SSL permit drawings in PDF, GIS and Auto CAD formats for future use by
the County.
Task 2 —Engineering/Design Work
a. Prepare a layout of a 100-vessel mooring field based on programming provided by
County, vessels currently anchored in the Project Area and field data collected in Task 1.
Optimize mooring field layout to maximize vessel mooring density with swing circles,
fairways, and access areas from navigable waterways. Prepare concepts for various
combinations of vessels within the constraints of vessel draft and length. Design shall
include survey information, mooring field layouts, slip mixes,proposed submerged lands
area, mooring anchor coordinates, boundary marker anchor coordinates/limits and
mooring field approach(ingress/egress) channels and markers. Consult with County to
determine final layout of mooring field.
Deliverables: Mooring field drawings in PDF, CAD, and GIS formats for future use by
the County.
b. Utilizing the final layout of the mooring field (Task 2a), calculate the geometry for
individual mooring systems, including the helical anchor, down-line, sub-surface buoy,
mooring buoys and pennant will be designed accordingly. Anchoring calculations will be
completed, evaluating the process loads based on vessel size, wind, water depths and
currents.
Deliverables (to be signed/sealed as applicable): Mooring system design drawings in
PDF and CAD formats (as applicable).
Task 3 —Mooring field management plan
Prepare a MFMP for submission to DEP. The MFMP will include all information required by
DEP. The MFMP will include coordination with the City of Key West for the use of their
shoreside and upland facilities including (but not limited to): dinghy dockage,pumpout vessel
dockage,pumpout facility, trash receptacles/recycling, etc. The consultant will submit a draft
MFMP to the County for review and comment prior to submission to DEP.
Deliverables: Mooring field management plan.
Task 4—Environmental Permitting
a. Schedule and conduct pre-application meetings with agencies with jurisdiction including:
DEP, FWC, FKNMS, USACE and USCG.
Deliverables: Summary memo of each pre-application meeting including any agency
comments.
b. Update permit drawings as necessary following pre-application meetings.
Deliverables: Updated permit drawings as necessary.
c. Prepare and submit environmental permit applications to DEP, USACE and FKNMS.
Deliverables: Copy of submitted permit applications in PDF format.
d. Prepare and submit SSL request to DEP Division of State Lands.
Deliverables: Copy ofsubmitted SSL application in PDFformat.
e. Prepare and submit Uniform Waterway Marker Application to FWC and Private Aids to
Navigation Application to US Coast Guard.
Deliverables: Copy of submitted permit applications in PDF format.
f. Conduct Request for Additional Information (RAI) cycle and expedite permitting process
on behalf of the County.
Deliverables: Timely response by consultant to agency RAI.
RESPONSE FORM
RESPOND TO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasingi Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
IMI acknowledge receipt of Addenda No.(S) N/A
I have included:
1. Response Form ✓
2, Lobbying and Conflict of Interest Clause
3. Non-Collusion Affidavit
4. Drug Free Workplace Form
5. Public Entity Crime Statement
6, Monroe County occupational license and relevant V
County occupational licenses are required to be
obtained within,ten days of award of the contract
7. Indemnification and Hold Harmless forms ✓
8. Vendor Certification Regarding Scrutinized Companies ✓
9. Anti-Lobbying Form (if applicable)
A I have included a current copy of the following professional and occupational licenses:
The Firm and the Project Team,indudnng Subconsultants
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION: eoC syntec Consultants, Inc.
(Registered business name must appear exactly as it appears on www,suilbiz.org).
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by
Entity Name"screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Division of Corporations.
Mailing Address: 900 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487
Telephone: 561 -995-0900 Fax: Date 03.27.2023
(Signature)
Date: O'3.27.2023
STATE OF: Flor'ida
COUNTY OF, Palm Beach County
Subscribed and sworn to (or affirmed) before me, by means of El physical presence or"I online
notarization, on March 27) 2023 (date)
50
byW. Samuel Phlegar -(name of affiant He/She is personally known to me,
a has produced (Woe of identification) as identification.
CATHLEEN E.FOERSTER
Commission#HH 317911
7
Expires January 29,202!7
11witiv, 1) o k.
" - NOTARY PUBUC
My Commission Expires!
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-19,90
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
.Geosyntec Consultants, Inc.
(Company)
"—warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County
may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from
the Agreement or purchase price,or otherwise recover, the full amount of any fee,commission,percentage,
gift, or consideration paid to the former County officer or employee."
...............
(Signature)
Date: Mar 27, 2023
STATE OF: Florida
COUNTY OF: Palm BeaCh
Subscribed and sworn to (or affirmed) before me, by means of r-1 physical presence or N online
2
notarization, on March 7, 202'3 (da
byW. Samuel Phlegar (name of affiant He/She is, personally known to me
or has produced s
(type of identification) as identifica ion.
CATHLEEN E.FOERSTER
mi I # 11
HH 3178*1 CommiWon#HH 317811 9
r January
eL$ 2 ,2027
Expires January 29,
NOTARY PUBLIC
My Commission Expires:
52
NON-COLLUSION AFFIDAVIT
1, W,Samuel Phlegar of the city of Baca Raton according to law on my oath, and
under penalty of perjury, depose and say that
a. I am Vxce President of the firm of
Geosyntec Consultants,Inc. the bidder making the Proposal
for the project described in the Request for Proposals for
Monroe County and that I executed the said proposal
with full authority to do so;
b. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
e, the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the state me
is contained in this
affidavit in awarding contracts for said project.
(Signature)
Date: March 27,2023
STATE OF: Florida
COUNTY OF: Palm Beach County
Subscribed and sworn to(or affirmed) before me, by means of 0 physical presence or X online
notarization, on March 27,2023 e)
by W,Samuel Phlegar (name of affiant). He/She is personally known to me r has
produced ication) as
identificati
CATHLEEN E,FOEIRSTER 7'
Commission
to #
mmission#HI 317811
uary 9, 0
es =
Expires January 29,2027 NOTARY PUBLIC
My Commission Expires:
53
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Geosyntec Consultants, Inc.
(Name of Business)
1, Pubiish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workpiace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations,
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection(1), notify the employees that,as a condition of working on
the commodities or contractual services that are under bid,the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders
to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is,available in the employee's community, or any employee who is so
convicted,
6. Make a good faith effort to continue to maintain a drug-free workplace through impiementation of
this section.
As the person authorized to sign the statement, I certify that this firm complifully with the above
requirements,
(Signature)
Date: March 27, 2023
STATE OF: Rorida
COUNTY OF: PWm Beach County
Subscribed and sworn to,(or affirmed) before me, by means of 0 physical presence or 9 online
notarization, on March 27,2023 Iti t N,
by W. Samuel Phlegar (name of aff iant�. He/She is personally known to me r
i � �k
has produced n.
7/1
NOTARY PUBLIC
CATHLEEN E.FOERSTER
Commission#HH 317811 My Commission Expires:
'Expires January 29,2027
54
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither Geosyntec Consultants, Inc, (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date: March 27, 2023
STATE OF: Florida
COUNTY OF: Palma Beach
Subscribed and sworn to(or affirmed)before me,by means of D physical presence or 9 online notarization,
on March 27, 2023 (date
b W. Samuel Phlegar i;
y (name of affiant)?He/ he is personally known to me r
has produced (type of identifica 55 on.
CATHLEEN E.FOERSTER
NOTARY PUBLIC
Commission#HH 317811
Expires JanuarY 29,2027 My Commission Ex
pires:
55
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):Mooring"Field-
Respondent Vendor Name: Geosyntec Consultants,Inc.
.....................................................
Vendor FEIN: 59-2355134
...............................................
Vendor's Authorized Representative Name and Title: W.Samuei Phlegar,Vice President
Address:_900 Broken Sound-Parkway NW,Suite 200
(arty: Boca Raton State: Florida Zip: 33487
................................ .................
Phone Number: 561-995-0900
Ernail Address: splilegar@geosyntec,com
.......................... -——------...........
Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or
renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is oil
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also prohibits a company from, bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign oil behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List,the Scrutinized Companies with Activities in the trail Petroleum Energy Sector I..,ist,or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject
company to civil penalties,attorney's fees, and/or costs. I further understand that any contract with the County may
be terminated,at the option of the County, if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: W.Samuel Phlegar who is authorized to sign on
behalf of the above referenced Pit _�n!Y d
Authorized Signature:_
Print Name.W,Samuel Phlegar
....................
'fitle:Vice President
Note:The List are available at the following Department of Management Services Site:
lrttl)://www.dms.tla operations/state purchasing/vendor information/convicted t_ ji-
criminatoi _colllplaints Vendor lists
...................I
56
APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification,for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the,
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2, If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection: with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LILL, "Disclosure Form to Report Lobbying," in accordance with, its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents,for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon, which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering
into,this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $1010,000 for each such failure.,
Goosyntec Consultants, Inc,
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any,
Signature of Contractor's Authorized Official
W. Samuel P,hlegar, Vice President 0 3/1 2%7 12%3
dame and Title of Contractor's Authorized Official Date
57
DISCIOSIUME OF LOBBYING ACMITM,S
COMPUTE THIS FORM TODI&CLOSM L0BBYD;0ACTrV=SPM12V,4NT1h1 31 IUS.0 1312
L. Tn*of Fedtral Actiou- 2. Status of Ftdtril Actiow: 3. Rejnrt TNpe,
a,C0111ract, a.Woffer'apylication a,incitial
b. ran i b. ittrial avrrd b, material chAnge
L. 1.LMp93,X1AVV&,_Wea1tWW c. post-awmd
d, lom For Material CILange Only-
e. loan pluartlee year— qW' rW
E loan insurance date of it i"rt
4 Naute and Addnss of Repobag Entity :5. If Repoffing Eabty in,No.at is Sabawardee,
Enter Namm and Address of Prime
ptime Subaw-ardae
Tier if knMt,
Campessional District if kumm Cngressional District,
I iElms m
6. Federal.Dep&rtn*mUAg*.ucy: 17- Federal Pragmm NanwDescr"on:
CID A Number,,if hcable
S, Federal Action Number,iftnom,: 9. Avrard Amount,ifs .
10, a. Name and Address olLobby Entity b_ Iudixiduals Peforitnag Sv-*es ('mclwdimg
(If infivi&jal,lair tee,fint nmnp— address if differer,1 from No. I Oa)
(last name,fixst maw,MI)
Not Apphc ihle- No I obbying Activities I)y Gweosyntu,Consultants
(anach CoaMinuariam aeec(s)if necessmy)
11. Amount of P"ent(check,&31 that appty� 13. Type of Payment(check all that appl),r)
—]plamned a tai r
rene actual r F�
F-1 b. arts-minas&e
11 Form of Fayxneni(�heck all that tpplft. C, commis6ou
F-1 a, tasty d. coafiq%it fee
F] b, in-kizd,. sfped ! narare e defemad
,value f other,specify
14- BrioMescription of Sevinces Performed,"to be perfonned and'Date(s)of Service,including
officer(a),employW tip„ in RM ac membero)contacted,for Payment Indicated 11:
(ahach Continuation Sheet(i)if aecessary,t
15. Coutismation Sheet(s)adacheit: Yes F-1 No El
16. Infonmdan vuqvwitad tkov#*a form�r ra&a6vW by
Tida 32 U&C.Gat;,'=13 52. 71is diwkiwQ of tobb) Si atrraae:
raLimca wn ptbrad by*4 tcjjr atbW'J'Q Wh#U tun'n='W't0M
Mradiwlomniirwpimd PrintNazne� W.Samuel Phlegar
pm umt to 32 UAI.C.1351 Thit imimmedan wild ba
r%-xUd to Cougais%amsm=fly=d will be at-&EW4 Exr Vice President
p1blir inipectian. to fik tha z0gaind Title:
&'WL0%t"1hall,bo, w to a dwfl p6why of mot 1,03 tham
S MOM Md mot MaD thm S I 00,OW faz adh W41,bill=, TfthoneNo.: 561-995-0900 Date: 3/27/23
Authorized foc LAcal Reproduction
fe,deral..Use Only: Standard FQnn r-LLL
2-61r, PART 2eCOUNTY
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING,ACTIVITIES
TIusdiSCi0SUre ibrin I be completed by the reporting entity,whethersubawardec or prime:Federal rcciptcnt,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. 'file filing ofa fiann is required for
such payment Or agreement to make payment to lobbying entity for influencing or attempting to influence an officer Or Clnp]DYCC of any
agency,it Member of Congress an officer or employee ofCongress or an employee ofa Member of Congress in connection with a covered
Federal action, Attach a continuation sheer for additional information ifthe space on the form is inadequate, Complete all items that apply
for both the initial filing and material change report Ref'er to the implerricrimig guidance published by the Office of Management Lind
Bridget for additional infonnalion,
I Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,tile outcome
ofa covered Federal action,
2. Identify the status ofthe covered Federal action
3. ldcntify the appropriate classification of this report. If this is a follow-up report caused by a rnaterW change te> the
information previously reported, enter the year and quarter in which the change occurred kraor the date of the last,
previously Submitted report by this reporting entity for this covered Federal action.
4. Enter the full narne,address,city,state and zip code ofthc reporting entity, Include Congressional District iflonown. Check the
appropriate c lassi fication o fthe reporting critity that designates if i t is or expects to be a prime or subaward recipient. Identify
the tier of the subawardec,cs,,the first subawardee of the prime is the Frst tier. SubawardsinClUde but are not limited to
subcontracts,subgrants and contract awards under grants,
5, 1 fthe organization filing the report in]term 4 checks"Subawardee"their enter the ful l name,address,city,state and zip, code of
the prune Federal recipient, Include Congressional District,if'known,
6. Enter tile name ofthe Federal agency making the award or loan commitment. Include at least one organization level below
agency name,if'known Forexarriple,Department of"Fransportation,United States Coast Guard.
7, Enter the ITcleral program name ear description for the covered Fcdcral action(item 1). It'known,enter tile FUR Catalog of
Federal Domestic Assistance(CFDA)number for grants,coloperativeagreernents,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(cf, Requestibr
Proposal(RFP)number,Invitation for Bid(lid"13)number,grant announcement number,the contract grant or loan award number,
the application/proposal control number assigned by the Federal agency) include prefixes,e.g., "RF11-DE-90-001 "
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal arnount
ofthe award/loan commitments for the prime entity identified in itern 4 or 5,
(a)Filter tile full name,address,city,state and zip code ofthe lobbying entity engaged by the reporting entity identifier/in item 4 to
influenced the covered Federal action.
(b)Enter the full narrics,ofthe individual(s)perlbrining services,and include ful I address if different from 10(a). Enter Last
Name,First Narric and Middle Initial(MI),
Enter the arnount ofcompensation paid or reasonably expected to be paid by the reporting entity(item 4)to tine lobbying entity
(item IC)) Indicate whether the payment has been made(actual)or will be made(planned), Check Lill boxes that apply. Ifthis
is a material change report,enter tile cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. lfpayameint is made through an ern-kind eontribtntiom,specity tlnc nature
and value ofthe in-kind payment.
13. Check the appropriate box. Check aff boxes that apply. Ifoiller,specify nature.
14. provide specific and detailed description ofthe services that the lobbyist has performed or will be expected to perform and the
datc(s)of any services rendered. Include all preparatory and related activity o0tjUSt 0111C spent in actual contact with Federal
officials. Identify tlne l-"ederal ofl'icer(s)or enrpioyce(s)contacted or the officers)etnpfoyce(s)or Me:inber(s) ofCongrcssthat
were contacted,
15. Check whether or not a continuation sheet(s)is attached.
16, The certify ing official shall sign and date the lbrm,print his/her name title and telephone number.
Public reporting burden for this collection of inflorrmtion is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information Send comments regarding the burden estimate or any other aspect of this collection ofintbrination, including suggestions for
reducing this burden,to the Office of Management and 13 udget,flaperwork Reduction I'alJect
(0348-0046),Washington,D.C.20503 SF-LIJAnstructions Rev.06-04-
900,'NDIF>>
2-6d PART 2/COUNTY
59
SECTION FOUR: INSURANCE REQUIREMENTS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The CONSULTANT covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
CONSULTANT or any of its Subcontractor(s)in any tier,occasioned by negligence, errors,or other wrongful
act of omission of the CONSULTANT or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project(to include the work of others) is delayed or suspended as a result
of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT :shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is,in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement,
(signature)
Date: March 27, 2023
STATE OF: Florida
COUNTY OF: Palm Beach
Subscribed and sworn to(or affirmed) before me, by means of 0 physical presence or 9 online notarization,
on March 27, 2023 'date date
by W. Samuel Phlegar (name of affiant��He/She is personally known to me or
f1c.
has produced Avoe of identifica i :on,
CATHLEEN E.FOERSTER
7
commiWon#HH 3117811
Fxpires January 29,2027 N&ARY PUBLIC
My Commission Expires:
'I'he Proposer shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15)days after
award of contract, with Monroe County BOCC and the municipalities listed as additional
insureds as indicated. If the proper insurance forms are not received within the fifteen (15) day
60
period, the contract may be awarded to the next selected Proposer. Policies shall be written by
companies licensed to do business in the State offlorida and having an agent for service of
process in the State of f1orida. Companies shall have an A.M. Best rating of V1 or better, the
required insurance shall be maintained at all times while Proposer is providing service:to County.
Insurance Requirement Required Limits
General Liability $300,000 Combined Single Limit
Vehicle Liability
0 $200,00�0, per person
N $300,000 per occurrence
N $200,000 property damage
Pro,fess,ional Liability
0 $300,000 per occurrence
0 $500,000 aggregate
Watercraft Liability $500,000 per occurrence
Worker's Compensation
0 $100,000 Bodily Injury by Accident
E $500,000 Bodily Injury by Disease, policy limits
0 $100,000 Bodily Injury by Disease, each employee
Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not
to be associated with Longshoremen's Insurance), the CONSULTANIT'S Workers' Compensation
Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A,
subsection 688) with limits not less than $1 million. The CONSULTANT shall be permitted to provide
Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage
provided is no less restrictive than would have been provided by a Workers' Compensation policy.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
as a Loss Payee on all policies issued to satisfy the above requirements.
The CONSULTANT shall maintain the insurance required by this Contract throughout the entire
term of the Contract and any extensions specified in the attached schedules. Failure to comply
with these provisions may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced.
61
76/6/2023
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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 on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Carly Samuel
Greyling Ins. Brokerage/EPIC PHONE FAX
3780 Mansell Road, Suite 370 A/C No Ext: 770.670.5324 A/C,No):770.670.5324
E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: RLI Insurance Company 13056
INSURED GEOSCON INSURER B:
Geosyntec Consultants, Inc. dba Applied
Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N INSURERC:
Boca Raton, FL 33487-0000 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:249132487 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $
POLICY❑ PRO-
❑
JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $
OFFICE R/M EMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Protection and Indemnity HUL0200263 4/1/2023 4/1/2024 Limit(CSL) 1,000,000
Hull Limit 125,881
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: Boca Chica Mooring Field.
i
DATE66 2
.2 �
WANO K1A_Xyft--
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
Marathon Government Center
2798 Overseas Highway AUTHORIZED REPRESENTATIVE
Marathon FL 33050 ,.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
76/2/2023
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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 on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Carly Samuel
Greyling Ins. Brokerage/EPIC PHONE FAX
3780 Mansell Road, Suite 370 A/C No Ext: 770.670.5324 A/C,No):770.670.5324
E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: National Union Fire Ins Co of Pittsburg 19445
INSURED GEOSCON INSURERB: Everest National Insurance Company 10120
Geosyntec Consultants, Inc. dba Applied INSURERC:Allied World Assurance Co(U.S.)Inc. 19489
Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N
Boca Raton, FL 33487-0000 INSURERD: New Hampshire Insurance Company 23841
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1156324676 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY GL5268179 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $500,000
MED EXP(Any one person) $25,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY� PRO- � LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
A AUTOMOBILE LIABILITY CA4489673(AOS) 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT $2,000,000
A Ea accident
X ANY AUTO CA4489674(MA) 4/1/2023 4/1/2024 BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR XC3EX00336231 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000
X EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000
DED X RETENTION$1 n nnn $
D WORKERS COMPENSATION WC015893709(AOS) 4/1/2023 4/1/2024 X PER OTH-
A AND EMPLOYERS'LIABILITY Y/N WC015893710(CA) 4/1/2023 4/1/2024 STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
C Professional Liability(PL)/ 03122723 4/1/2023 4/1/2024 Each Act 2,000,000
Contractors Pollution Liab(CPL) Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: Boca Chica Mooring Field.
Monroe County Board of County Commissioners are named as Additional Insureds on the above referenced liability policies with the exception of workers
compensation&professional liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before
the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder.The Jones
Act applies in regards to workers compensation.
a
CERTIFICATE HOLDER CANCELLATION DAT
65 . 23
SHOULD ANY OF THE
THE EXPIRATION DAIL IrILKLUr, NUllct WILL CSC UCLIVCKCU IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
Marathon Government Center
2798 Overseas Highway AUTHORIZED REPRESENTATIVE
Marathon FL 33050 ,.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 448-96-73 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co-
verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter
coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: GEOSYNTEC CONSULTANTS, INC.
SCHEDULE
Name Of Person(s) Or Organization(s):
AS REQUIRED PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in
is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage
age, but only to the extent that person or organ- Forms and Paragraph D.2. of Section I - Covered
ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage
An Insured provision contained in Paragraph A.1. Form.
CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1
POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑
A. Section II — Who Is An Insured is amended to maintenance or repairs) to be performed by
include as an additional insured the person(s) or or on behalf of the additional insured(s) at
organization(s) shown in the Schedule, but only the location of the covered operations has
with respect to liability for "bodily injury", been completed; or
"property damage" or "personal and advertising 2. That portion of "your work" out of which
injury" caused, in whole or in part, by:
the injury or damage arises has been put to
1. Your acts or omissions; or its intended use by any person or
2. The acts or omissions of those acting on organization other than another contractor or
your behalf; subcontractor engaged in performing
in the performance of your ongoing operations operations for a principal as a part of the
for the additional insured(s) at the location(s) same project.
designated above. C. With respect to the insurance afforded to these
additional insureds, the following is added to
However: Section III — Limits Of Insurance:
1. The insurance afforded to such additional If coverage provided to the additional insured is
insured only applies to the extent permitted required by a contract or agreement, the most
by law; and
we will pay on behalf of the additional insured
2. If coverage provided to the additional is the amount of insurance:
insured is required by a contract or 1. Required by the contract or agreement; or
agreement, the insurance afforded to such
additional insured will not be broader than 2. Available under the applicable limits of
that which you are required by the contract insurance;
or agreement to provide for such additional whichever is less.
insured. This endorsement shall not increase the
B. With respect to the insurance afforded to these applicable limits of insurance.
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or B. With respect to the insurance afforded to
organization(s) shown in the Schedule, but only these additional insureds, the following is
with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance:
"property damage" caused, in whole or in part, If coverage provided to the additional insured is
by "your work" at the location designated and required by a contract or agreement, the most
described in the Schedule of this endorsement we will pay on behalf of the additional insured
performed for that additional insured and is the amount of insurance:
included in the "products-completed operations
hazard". 1. Required by the contract or agreement; or
However: 2. Available under the applicable limits of
insurance;
1. The insurance afforded to such additional
insured only applies to the extent permitted whichever is less.
by law; and This endorsement shall not increase the
2. If coverage provided to the additional applicable limits of insurance.
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1