08/01/2023 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
CPH LLC Contract 4
Effective Date:
Expiration Date:
Contract Purpose/Description:
Professional A/E Services for Rockland Key Public Works Master Plan
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Breanne Erickson x4427 Project Management/Stop#1'
CONTRACT COSTS
Total Dollar Value of Contract: $ 79,890 00 Current Year Portion: $ 20,000.00
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
��&d oiln iliiulb�. ko "Ilwr1110 its
S 00 001")00 p ro Ilk ,ry.
Budgeted? Yes■❑ No ❑
Grant: $ County Match: $
Fund/Cost Center/Spend Cate o : 304-24009-SC_00038
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
Insurance Required: YES W NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: Cary Knight Digitallysi.07.28 Cary Knight
Date:20signe b 19:21:48 Kn-04'00'
Joseph X. DiNovo Digitally signed by Joseph X.DiNovo
County Attorney Signature: Date:2023.072811:54:57-04'00'
Risk Management Signature:
Purchasing Signature: Lisa Abreu Digitally signed by Lisa Abreu
Date:2023.031 131820-04'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date:2023.09.01 09:45:14-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
AGREEMENT FOR
Professional Architectural and Engineering Services
for The Rockland Key Public Works Master Plan
This Agreement ("Agreement") made and entered into this 1st day of August
2023 by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners ("BOCC"),
AND
CPH Consulting, LLC dba CPH, LLC, a Limited Liability Company of the State of
Delaware, authorized to do business in the State of Florida, whose address is 1992 SW 1st Street,
Miami, Florida 33135, its successors and assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to
provide Professional Architectural and Engineering Services for the Rockland Key Public Works
Master Plan (the "Project"); and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to providing concepts, construction drawings and specifications, all
documents required to submit applications for and secure all permits necessary to complete the
project and holding a minimum of two informational hearings with the public and monthly project
meetings with the tenants for the "Project".
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT's duties
hereunder have been fully satisfied.
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
Page 1 of 26
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but
not limited to, all contract plans and specifications, in such a manner that they shall be
accurate, coordinated and adequate for use in verifying work completed and shall be in
conformity and comply with all applicable law, codes and regulations. The CONSULTANT
warrants that the documents prepared as a part of this Agreement will be adequate and
sufficient to accomplish the purposes of the Project and to document costs in a manner
that is acceptable for reimbursement by government agencies; therefore eliminating any
additional cost due to missing or incorrect information or design elements in the contract
documents.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and the performance of those directly under his employ.
1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the BOCC to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONSULTANT or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 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 or its
subconsultants, or both.
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2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Mr. Cary Knight.
Director of Project Management
Monroe County
1100 Simonton Street Rm 2-216
Key West, FL 33040
Mr. Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
And: County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
For the Consultant:
Kyle Bechtelheimer, P.E., Vice President
CPH, LLC
1992 SW 1 sc Street
Miami, Florida 33135
Notice is deemed received by the CONSULTANT when hand delivered by national
courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of
refusal or non-acceptance of delivery.
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or
fees negotiated at the time when services are required, but only if approved by the
COUNTY before commencement.
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
Page 3 of 26
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county-maintained roads and maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to avoid
unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to Paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents
are generally consistent with the COUNTY's criteria, as, and if, modified. No review of
such documents shall relieve the CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY
has immediate access will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)and
other persons employed or utilized by the CONSULTANT in the performance of the
contract.
5.2 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 he shall hold the COUNTY harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action
on the COUNTY's behalf.
Page 4 of 26
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT's failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provided by the
CONSULTANT, the CONSULTANT agrees and warrants that 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.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME FUNCTION
Kyle Bechtelheimer, P.E. Sr. Project Manager
Ilker Uzun Principal Architect
Brandan DeCaro Sr. Architect
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced, the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds based on a
percentage complete for the CONSULTANT's performance of this Agreement a Not-to-
Exceed amount of Seventy-Nine Thousand, Eight-Hundred Ninety and 00/100 Dollars
($79,890.00) based upon the following Tasks:
Task 1: Boundary and Topographical Survey—$11,500.00 lump sum upon review
and acceptance of the survey and approval by the Director of Project Management.
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Task 2: Discovery and Due Diligence — $23,595.00 lump sum upon receipt and
acceptance of the report and approval by the Director of Project Management.
Task 3: Conceptual Site Plan—$9,585.00 lump sum upon
Task 4: Master Plan Workshop — $2,920.00 lump sum upon completion of the
virtual workshop and approval by the Director of Project Management.
Task 5: Final Site Master Plan — $23,045.00 lump sum upon receipt and
acceptance of the master plan and approval by the Director of Project
Management.
Task 6: Project Management — $7,245.00 not-to-exceed upon approval by the
Director of Project Management based on the hourly rates outlined in Attachment
B.
Reimbursable Expenses — $2,000.00 not-to-exceed upon receipt of backup
documentation and approval by the Director of Project Management.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act, Section 218.70, Florida Statutes.
(A) If the CONSULTANT's duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward.
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT's
invoice shall describe with reasonable particularity the service rendered. The
CONSULTANT's invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY may require.
(C) The CONSULTANT shall submit to the COUNTY invoices with supporting
documentation that are acceptable to the Clerk of Courts.Acceptability to the Clerk
is based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
7.3 REIMBURSABLE EXPENSES
Allowable Reimbursable expenses will be separately identified and are subject to the
maximum allowable contract amount. Travel expense reimbursements are subject to the
limitations of Section 112.061, Florida Statutes.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year(October 1 - September 30) by 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.
Page 6 of 26
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
A: VI or better, that is licensed to conduct 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.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising from
use of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000
property damage, or $300,000 Combined Single Limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single
Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 12 months following the acceptance of work
by the COUNTY.
Page 7 of 26
E. Professional Liability insurance of$1,000,000 per occurrence and $2,000,000 annual
aggregate. If coverage is provided on a claims made basis, an extended claims
reporting period of four (4) years will be required. Recognizing that the work governed
by this contract involves the furnishing of advice or services of a professional nature,
the CONSULTANT shall purchase and maintain, throughout the life of the contract,
Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission
of the CONSULTANT arising out of work governed by this contract
F. COUNTY shall be named as an additional insured and certificate holder with respect
to CONSULTANT's liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONSULTANT if so required
by COUNTY during the term of this Agreement. COUNTY will not pay for increased
limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
Page 8 of 26
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD-PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.5 TERMINATION
The Contract may be terminated by the Owner as follows:
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five (5)
days' written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days' written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONSULTANT should CONSULTANT fail to
perform the covenants herein contained at the time and in the manner herein provided.
In the event of such termination, prior to termination, the COUNTY shall provide
CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT
with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this agreement
with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to the CONSULTANT shall not in any event
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the
COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay
the CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to the CONSULTANT shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
Page 9 of 26
E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines
that the 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 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.
For Contracts of $1,000,000 or more, if the COUNTY determines that the
CONSULTANT submitted a false certification under Section 287.135(5), Florida
Statutes, or if the 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 CONSULTANT written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, and Attachments "A:
Consultant Scope Of Services" and "B: Hourly Rates", and modifications made after
execution by written amendment. In the event of any conflict between any of the Contract
documents, the one imposing the greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
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 any 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 Agreement, the CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all
monies paid hereto and may result in debarment from COUNTY's competitive
procurement activities.
In addition to the foregoing, the CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
Page 10 of 26
been formally charged with committing an act defined as a"public entity crime" regardless
of the amount of money involved or whether the CONSULTANT has been placed on the
convicted vendor list.
The CONSULTANT will 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.
9.8 MAINTENANCE OF RECORDS
The CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven (7) years
from the termination of this agreement or for a period of five (5) years from the submission
of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to
this Agreement or its authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the COUNTY or Clerk determines that monies paid to the
CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall
repay the monies together with interest calculated pursuant to Section 55.03, of the Florida
Statutes, running from the date the monies were paid by the COUNTY.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available); subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends; any other supporting evidence deemed necessary by
the 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 the
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 the COUNTY's representative and/or agents of the County
Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers,
and contractors' representatives. All records shall be kept for ten (10) years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit
of records, assets, and activities relating to this Project. If any auditor employed by the
COUNTY or the County Clerk determines that monies paid to the 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
Page 11 of 26
Section 53.03, Florida Statutes running from the date the monies were paid to the
CONSULTANT. The right to audit provisions survive the termination or expiration of this
Agreement.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and the CONSULTANT
agree that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. The Parties waive their rights to trial by jury. The
COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and the
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.11 ATTORNEYS FEES AND COSTS
The COUNTY and the CONSULTANT agree that, in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, and court costs, as an award against the non-prevailing party, and shall
include attorney's fees, and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and the CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law. Each party agrees that it has had ample opportunity
to submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
Page 12 of 26
9.14 CLAIMS FOR FEDERAL OR STATE AID
The CONSULTANT and the COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement. Any conditions imposed as a result of funding that effect the Project will be
provided to each party.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This provision does not negate or waive the provisions
of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or
cancellation.
9.16 COOPERATION
In the event that any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and the CONSULTANT agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. The
COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
The CONSULTANT and the COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. The 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
§§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 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 §§ 12101, Note), as may be amended from time to time,
Page 13 of 26
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
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 by the contracting officer 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.
Page 14 of 26
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 non-compliance with the nondiscrimination
clauses of this contract or with any said rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
8) The CONSULTANT will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subconsultant or vendor.
The CONSULTANT will take such action with respect to any subconsultant or
purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in
the event the CONSULTANT becomes involved in, or is threatened with, litigation
with a subconsultant or vendor as a result of such direction by the administering
agency the CONSULTANT may request the United States to enter into such litigation
to protect the interests of the United States.
9.18 COVENANT OF NO INTEREST
The CONSULTANT and the COUNTY covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
9.19 CODE OF ETHICS
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.
Page 15 of 26
9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES
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
Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
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.
9.21 NO SOLICITATION/PAYMENT
The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
9.22 PUBLIC ACCESS.
The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the CONSULTANT and the COUNTY in connection with this Agreement; and the
COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as
"Contractor" for this provision only:
Public Records Compliance. The Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I
of the Constitution of Florida. The COUNTY and the Contractor 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 the Contractor
in conjunction with this contract and related to contract performance. The COUNTY shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor 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 Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Page 16 of 26
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with
a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the Contractor or keep and maintain public records that would be
required by the COUNTY to perform the service. If the Contractor transfers all public
records to the COUNTY upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY's custodian of records, in a format that is
compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must be
made directly to the COUNTY, but if the COUNTY does not possess the requested
records, the COUNTY shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the COUNTY or allow the records to be inspected
or copied within a reasonable time.
If the Contractor does not comply with the COUNTY's request for records, the COUNTY
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor 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 Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless as otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
Page 17 of 26
OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470
B L,EY-BR AN(&, C)NROEC O Y-F'L,.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
9.23 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
9.24 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 Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility.
9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES.
This Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
9.27 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
Page 18 of 26
9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete,
and current at the time of contracting. The original contract 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 Agreement.
9.29 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 Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.30 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION
It is the policy of the COUNTY that DBEs, 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 the
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with 2 C.F.R. § 200.321, as set forth in
detail below, applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subconsultants shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts, entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONSULTANT with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONSULTANT shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
Page 19 of 26
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 subconsultant's are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
9.32 E-VERIFY SYSTEM.
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
CONSULTANT and any subconsultant shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status
of all new employees hired by the CONSULTANT during the term of the Contract and shall
expressly require any subconsultants performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the work authorization status of all new employees hired by the
subconsultant during the Contract term. Any subconsultant shall provide an affidavit
stating that the subconsultant does not employ, contract with, or subconstruct with an
unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions
of Section 448.095, Florida Statutes.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA CONSULTANT: CPH, LLC
County Administrator or Designee
Name: Todd Hendrix, P.E.
Date: August 1, 2023 Title: Chief Operating Officer -A&E
IMp1iONROE COUNTY ATTOMNFY'S OFFICE
APPROVED AS TO FORM
""" Page 20 of 26
CATiE;
ATTACHM ENT A
Consultant Scope of Services
2.1 Scope
The intent of the project is to develop a master site plan for a Lower Keys Public Works
Facility on Rockland Key which will include a future 9,000 square foot two-story office
building housing Facilities Maintenance, Roads & Bridges, and other departments to be
determined during limited conceptual programming. The site will also have a fuel point,
fleet garage and office, materials storage areas, and vehicle storage areas.
All staff has been relocated from the Key West International Airport and is currently in
temporary facilities. There is no longer a Lower Keys fuel point. The future jobsite is
currently being used for storage/parking and temporary office trailers. After completion of
the conceptual master plan, CONSULTANT will complete full designs of a fleet garage,
fleet offices, and a fuel point.
The COUNTY intends to utilize a Construction Manager At Risk ("CMAR") project delivery
method to oversee this project from design to construction close-out which will be procured
separately by the COUNTY. CONSULTANT will be required to work with the selected
CMAR firm during design development through construction close-out.
CONSULTANT will perform all required research, studies, testing, geo technical reporting,
surveying, and any other necessary information gathering activity for effective programing,
assistance with CMAR bidding and assessment, schematic design (SD), design
development (DD), construction documents, independent statement of probable costs,
construction administration (including on-site bi-weekly meetings, review of work, pay
applications, and conformance to design specifications), commissioning, and project
closure and acceptance. CONSULTANT will have access to COUNTY best practices and
standards but will develop unique OPR and BOD documents for this project. Construction
of County buildings must adhere to Florida Green Building Coalition (FGBC) standards.
Final submission to FGBC is not required.
CONSULTANT will be required to coordinate with regulatory agencies including, but not
limited to, the Monroe County Building and Planning Departments to produce plans that
are approved, accepted, and permitted. This may require in person public meetings as
needed. Experience with the Monroe County Code is beneficial to efficient and timely
design. Progress or work will be reviewed at normal intervals during programming, SD,
and DD. Construction documents will be reviewed and approved at 30%, 60%, and 90%
intervals. Plans will not be considered 100% unless they have met all federal, state, and
local requirements, and permits are ready for construction. Revisions to produce
acceptable plans are the responsibility of CONSULTANT as well as resolving clash
detection or other conflicts. The firm shall ensure proper coordination between their design
professionals and consistency across plan sections.
CONSULTANT is expected to meet a strict milestone timeline as the current fleet garage
is in a non-County owned leased space and must be moved no later than December 2024.
To achieve this goal, the COUNTY anticipates the garage building and offices to be a
metal building conforming to applicable exposure rating, wind loads, and floodplain
requirements unless an alternate building type can meet the same budgetary and time
requirements. Anticipating a twelve-month construction period, the fully permitted design
Page 21 of 26
will need to be completed with the time required for the CMAR to bid, assemble a GMP,
and finalize subcontracts. That date is projected to be no later than December 2024.
Collaborative design will be critical to the timely execution of construction and procurement
of long lead items. CONSULTANT will have access to a previous design for a public works
building on this site,which was not constructed, a recently installed fuel point in Key Largo,
as well as any additional records.
2.2 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES
Time is considered to be of the essence in the performance of the services required by
this Agreement and defined in the scope of work.
The CONSULTANT will be prepared to commence work upon receiving a Notice to
Proceed from the COUNTY and to complete all functions in accordance with the schedule
and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special
provisions and specifications included below:
2.3 SCHEDULING REQUIREMENTS
2.3.1 Baseline Schedule — A baseline project schedule indicating the preconstruction
activities to be monitored and the anticipated completion dates for milestones are included
in Section 2.3.7.
2.3.2 Monthly Schedule Update — The CONSULTANT will report detailed input and
schedule updates on all preconstruction activities in accordance with the Baseline
Schedule on a monthly basis. All preconstruction activities must be addressed each month
even if there is no change in status. Following the Notice to Proceed, this report will be
considered due to the COUNTY on or before the fifth (5th) day of each month.
2.3.3 A brief narrative describing scheduled milestones with the status for each, and a
projection of milestone activities anticipated for the next sixty (60) days will be included in
the report.
2.3.4 In the event that milestone dates are compromised for any reason, the
CONSULTANT will participate in a schedule review and assessment with the COUNTY
and the results will be incorporated into the report. The schedule review and assessment
may include, but is not limited to, a detailed critical path analysis, consideration of potential
delays, development of recovery plans, reporting of recovery activities which are
underway, assessing the impact of delays, and developing plans for schedule recovery.
2.3.5 The COUNTY will evaluate the schedule review and assessment results as
reported by the CONSULTANT to determine if adequate provisions are proposed to
enable the project to progress in accordance with the Baseline Schedule. If it is determined
that an adjustment to the Baseline Schedule is warranted and if the delays are not directly
attributed to the operations and/or project management practices of the CONSULTANT
as required by this Contract, the COUNTY may grant an appropriate extension of time to
complete all or any phase of the work. The CONSULTANT will incorporate
recommendations for such time extensions into the monthly schedule update report.
2.3.6 The COUNTY reserves the right, but does not assume the obligation, to intercede
at any time should the CONSULTANT fail to demonstrate the ability to progress the project
Page 22 of 26
in accordance with the milestone dates established in the Baseline Schedule. Such
actions on the part of the CONSULTANT shall be considered non-performance and the
COUNTY shall have all rights to seek remuneration and other damages as provided for in
this Agreement and the laws of the State of Florida.
2.3.7 Project Development Process — Preconstruction activities should at a minimum
include the following elements as applicable:
PROJECT DEVELOPMENT PROCESS
Task Name Milestone Comments
Date
Contracting Phase
Issue Notice to Proceed July 2023
Master Plan Concept Phase
Programming August 2023
Master Phased Plan August 2023
Fleet Garage & Office
Programming August 2023
Schematic Design September 2023
Design Development September 2023
30% Construction Documents October 2024
60% Construction Documents November 2024
90% Construction Documents December 2024
Permit Phase
Permits Approved January 2025
Bid Set for GMP — 100% CDs January 2025
GMP Bid Support January 2025 GMP February 2025 BOCC
Construction Administration February 2026
Commissioning February 2026
Closure and Acceptance March 2026 Move Staff March 2026
Procurement of CMAR Support
(Acquired During Programming)
2.3.8 The duration of the Contract should extend through the issuance of a Notice to
Proceed to the construction contractor as part of the normal project development process.
2.4 COST ESTIMATING REQUIREMENTS
2.4.1 Baseline Cost Estimates— Following the Notice to Proceed for this Contract, the
CONSULTANT will review the existing project cost estimate for the project and submit a
written confirmation and/or recommendations for any refinements, changes, and
Page 23 of 26
revisions to the COUNTY. The COUNTY will consider any project cost estimate
recommendations and issue a final Baseline Cost Estimate.
2.4.2 Cost Estimate Updates — The CONSULTANT will update the Baseline Cost
Estimate with 30% completion, 60% completion, 90% completion, the completion of the
final design effort, and after any significant changes in the scope of the project as defined
in this Contract.
2.4.3 In the event that the Baseline Schedule is suspended or delayed in any manner,
additional updates of the Baseline Cost Estimate will be required at six (6) month intervals
as long as this Contract remains in effect. The COUNTY may suspend this requirement
by issuing a written notice to the CONSULTANT.
2.5 PROGRAMMING AND PRE-DESIGN TASKS
2.5.1 Task 1 — Boundary and Topographic Survey. The CONSULTANT shall perform a
Boundary and Topographic Survey of Parcel Identification Numbers 00122070-000700
and 00122080-000304 as per Rule Chapter 5J-17 of the Florida Administrative Code in
compliance with the Standards of Practice of Surveying and Mapping of the State of
Florida. The survey will be based on the North American Vertical Datum 88 (NAVD 88).
Deliverable shall include a signed and sealed survey.
2.5.2 Task 2— Discovery and Due Diligence. The CONSULTANT shall review available
documents, perform investigations and analysis, and collaborate with the COUNTY to
clearly define needs. Activities include:
• Attendance of kick-off meeting and site walk to understand the COUNTY's vision
and needs.
• Preparation of one (1) questionnaire which will be distributed by the COUNTY to
all stakeholders. Responses will be discussed via a virtual meeting between the
COUNTY and the CONSULTANT.
• Review of applicable documentation of existing facilities, structures, and
equipment provided by the COUNTY.
• The CONSULTANT shall conduct jurisdictional research relative to building related
items including identifying building code and design/technical issues that may
affect proposed use of the site, coordinate with local Building Officials to confirm
code questions and building permit requirements for the proposed use, and
provide code summary narrative to the COUNTY.
• The CONSULTANT shall provide a due diligence report summarizing findings to
the COUNTY for review and comment. This report shall serve as the basis for the
next tasks.
2.5.3 Task 3 — Conceptual Site Plan. Utilizing data collected from Task 1 and Task 2,
the CONSULTANT shall prepare up to three (3) conceptual site plans for review and
consideration by the COUNTY.
Page 24 of 26
2.5.4 Task 4—Virtual Workshop. The CONSULTANT shall present conceptual site plans
to the COUNTY via a virtual workshop. The goal of the workshop is to further clarify the
COUNTY's needs in order to refine the site plan options, select the best site plan option
with which to move forward, and to collect any final comments from the COUNTY
stakeholders to incorporate into the final site master plan.
2.5.5 Task 5—Final Site Master Plan. The CONSULTANT shall utilize findings from prior
Tasks to develop the Final Site Master Plan. The CONSULTANT shall submit the Final
Site Master Plan to the COUNTY for review and comments. The CONSULTANT will attend
one (1) virtual meeting with the COUNTY to present the Final Site Master Plan and
facilitate discussion on next steps. The CONSULTANT shall also prepare and present a
probable construction cost for the COUNTY to review.
2.5.6 Task 6 — Project Management. The CONSULTANT shall provide project
management and support for the project including the following:
• Participation in meetings/calls with COUNTY staff as needed.
• Tracking of the progress of the project from issuance of the Notice to Proceed
through project Close-Out including schedules, project status, and notes. All
documentation shall be shared with the COUNTY as requested.
Page 25 of 26
ATTACHMENT B
Consultant Hourly Rates
Principal Project Coordinator $,135
Program Manager $300,
Senior Project Manager $250 Senior Project,Designer $180
Project Manager $ llll Project Designer $11,515
Senior Project Engineer wgg, Senior Design Technician $155
Project Engineer ,tltll design Technician $1 0
ADD Technician1f g
Princiipall Tratilic Engineer $280,
Senior Traffic Engineer $200 Graphic Designer Ststl
Traffic Engineer $1480,
Traffic Analyst $435, Administrative, $1120
Clerical $1100
Principal Environmental Scientist $280,, Network Admin.(I) SIIGO
Senior Environmental Scientist $too
Leal Environmental 5ci ntist $,145 Senior(Construction Manager 200
Environmental Scientist ,t 5 Construction Manager $118,0
IS Analyst, t 5 Construction Field Representative iii
Construction Field Representative l $1 5
Principal Planner
Senior Planner $1180, Principal Surveyor $280
Planner t o Senior Professional Surveyor '$200
Professional Surveyor and Mapper 'Iso
Princiipal Architect 325 Field TechnicianlPlesigner 135
Senior Architect 225 Surveyor in Training 1125
,Architect, 't,gg Surrey Project ManagerlCADD S15,0
Senior Architectural Manager SISO Field Crew Coordinator $114 l
Arc-hltectural(Manager t5,g1 Surrey Party Chief 110
Senior Architectural Designer $155 Surrey Instrument.Man $10,0
Architectural Besigner ,t 5 Senior Surrey CADD Technician 1140
Interior Designer 155 Surrey CADD Technician 110's
Survey Crew(2 Man) $200
Principal Structural Engineer $3,00 Surrey Crew(Construction Staking- '5 5
Senior Structural Engineer 40 Surrey Crew(S Man) $2I15
Structural Engineer tll l CapS,('1 Man) I Robotics 'lso
GPS(2 Men) $245
Principal MEP Engineer $280 11 Man Scanner)Laser Survey Crew $, 1'5
Senior MEP Project Engineer o Man ScannerlLaser Surrey Crew 50
MEP Project Engineer $180
Principal Landsoape Architect $ 80,
Senior Landsoupe Architect.. $200
Landscape Architect 'NSo
Page 26 of 26
PROFESSIONAL, ARCHITECTURAL AND ENGINEERING SERVICES FOR
THE ROCKI,AND KEY PUBLIC WORKS MASTER PLAN
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
IN ONROE COUNTY, FLORIDA
ETHICS CLAUSE
CPH, LLC.
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its 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 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".
(Signature)
Date: 02/27/2023
STATE OF: Florida
COUNTY 0.r:. Seminole
,
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online
notarization, on 02/27/2,023 (date)
by,Nikhel Jindal, GCC, Assoc. DBIA, ENV SP (name of affiant). LL e/She isipersonally known
_
to me or has produced (type of identification) as identification.
..........
NOTARY PUBLIC
'07... DONNALTHOMAS
SS10N#GQ9W26 v
Y. My commission expires:
December 14,2023
Bonded Thtu NotwY Pubk Ur'-
Page 66 of 74
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR
THE ROCKLAND KEY PUBLIC WORKS N4ASTER PLAN
NON-COLLUSION AFFIDAVIT
Nikhel Jindal,GCC,Assoc.DBIA,ENV SP of the city Deltona, FL
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am Chief Strategy and Success Officer
of the firm of CPH, LLC.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Professional,Architectural and Engineering Services for the Rockland Key Public Works Master Plan
and that I executed the said proposal with full authority to do so;
2. Thee prices in this proposal 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 proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal have
not been knowingly disclosed by the proposer and will not knowingly be disclosed by the
proposer prior to proposal opening, directly or indirectly, to any other proposer or to any
competitor-, and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting
competition; and
5. The statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in,
awarding contracts for said project,
02/27/2023
(Signature Of Proposer) (Date)
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online
notarization, on 02/2712023 (date)
by Nikhel Jindal, G�CC, Assoc, DBIA, ENV SP (name of affiant), She isrpersona'ffy'rr-LJW
to me or has produced ft e of identification) as iden fication.
NOTARY PUBLIC
DONNA L.THOMAS
ALAY COMMISSION#GG 9M26 26, My commission expires: ro
EXPIRES.Omm ber 14,2023
80r"Tbru Notary Pubk Und.rwftm
Page 67 of 74
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR
THE ROCKLAND KEY PUBLIC WORKS MASTER PLAN
DRUG-FREE WORKPLACE FORM
The undersigned'vendor in accordance with Florida Statute 287.087 hereby certifies that:
CPH, LLC,
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace,and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on
the commodities or contractual services that are under Iproposal, 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 contendere
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the, workplace no later than five (5) days after such
conviction.
5. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm comoiies"', fully-with the above
requirements,
Propo'ser's" Signature
02/27/2023
Date
STATE OF: Florida
COUNTY OF, Seminole
Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization,
on 02/27/2023 (date) by NikhelJindal,GCC,Assoc,DBIA,ENV SP (name of affiant)._ILe/She is
rSO;7 -known
o me or has produced (type of identification) as
identification. _, rvN` rr°
...... N TARY PUBLIC
DI)NNA,J,MOWS My commission expires,.,
MYCOMMISSIONIIIGG&W26
EXPIRES:
DOW*ff 14,2023
Onded Thm NO*Pubk Page 68 of 74
PROIESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR
I I HE ROCKLAND KEY PUBLIC WORKS MASTER PLAN
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 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, Florida Statutes, 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 CPH, LLC.
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signature)
Date- 02/27/2023
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or F-I online
notarization, on 02/27/2023 (date)
by Nikhel Jindial, GCC, Assoc. DBIA, ENV SP (name ofaffiant). He1She ioersona Hewn
to me or has produced (type of identification) as identrfication.
. ....2 oe
DONNALTHOMAS NOTA�RY PUBLIt"'"
MY COMMISSIN 0 GG 93U26
EXPIRES;December 14,2023
W 17 2
&n&d TW Nftv PWIC Ur4amfters My commission expires:
Page 69 of 74
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR
THE ROCKLAND KEY PUBLIC WORKS MASTER PLAN
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s); Professional Architectural and En2ineehnq,Services for the Rockland Key Pubk Works Master Plan
Respondent Vendor Name: CPH, LLC.
Vendor FEIN: 59-2068806
Nikhel Jindal, GCC,Assoc. DBIA, ENV SP
Vendor's Authorized Representative Name and Title: Chief Staqt 5s-q Offiri-r
Address:—1992 SW 1st St.,
City'. Miami State: Florida Zip: 33135
Phone Number (305) 274-4805 Email Address.- info@cphcorp.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 contractingi or renewal, the
company is on 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 on 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 Iran
Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.1'35, 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: Nikhel Jindal, GCC,Assoc. DBIA,,EN'V SP who is authorized to
sign on behalf of the above referenced company
Authorized Signature:
Print Name. Nikhel Jindal
Title: Chief Strategy and Success Officer
Note-, The List are available at the following Department of Management Services Site:
a t Jigsk- /vendor d Su e..pj,tE(
(Jed .. ..disc6 -� a � c ar� 4s ver0or iksts
.. .......... .n o o.
Page 70 of 74
7630/2023
E(MM/DDIYYYY)
ACOR" CERTIFICATE OF LIABILITY INSURANCE
7/1/2024
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).
CONTACT
PRODUCER LOckton Companies NAME:
444 W.47th Street,Suite 900 PHO NEX
Kansas City MO 64112-1906 E-MAIL
o Ext: A FAIC No
(816)960-9000 ADDRESS:
kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Liberty Insurance Co oration 42404
INSURED CPH CONSULTING,LLC INSURER B:Allied World Surplus Lines Insurance Company 24319
1521250 DBA CPH,LLC INSURER C:Liberty Mutual Fire Insurance Company 23035
500 WEST FULTON STREET INSURER D:American Guarantee and Liab. Ins. Co. 26247
SANFORD FL 32771
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: 19411204 REVISION NUMBER: XXXXXXX
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/DDIYYYY MM/DD/YYYY
C X COMMERCIAL GENERAL LIABILITY Y N TB2-641-446t61-033 7/1/2023 7/1/2024 EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $ 1 000 000
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 Y N AS7-641-446t61-013 7/1/2023 7/1/2024 COMBINED SINGLE LIMIT $
Ea accident 2,000,000
X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX
AUTOS ONLY AUTOS ONLY Per accident
L I I $ XXXXXXX
D X UMBRELLA LIAB OCCUR Y N AUC 3845324-00 7/1/2023 7/1/2024 EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED RETENTION$ $ XXXXXXX
PER
WORKERS COMPENSATION N X I STATUTE EERH
A AND EMPLOYERS'LIABILITY WC7-641-446161-023 7/1/2023 7/1/2024
A YIN EXCEPT FOR OH,ND,WY,WA
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? [N] 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
B PROFESSIONAL N N 0313-8987 7/1/2023 7/1/2024 $5,000,000 PER CLAIM;$5,000,000
LIABILITY AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY,AUTO LIABILITY AND UMBRELLA LIABILITY WHEN
REQUIRED BY WRITTEN CONTRACT.
A 1', '�
I
Y ,-
�2 6 2 3 � _
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
19411204 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOARD OF ACCORDANCE WITH THE POLICY PROVISIONS.
COUNTY COMMISSIONERS
PO BOX 1026 AUTHORIZED REPRESENTATIV
KEY WEST FL 33041
a
@ 1988L2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD