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08/13/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under Tischler Bie Inc. Con tract 9 Effective Date: Expiration Date: Contract Purpose/Description: Monroe County desires to employ the Consultants professional public sector fiscal,economic,and planning services to prepare a fiscal impact analysis report planning services to prepare a fiscal impact analysis report concerning the estimated costs of enhancing existing infrastructure and/or of expanded infrastructure in order to meet the concurrency requirements and service needs of additional/expanded residential development in the Florida Keys above and beyond what is allowed under the adopted ROGO residential dwelling unit allocation system Contract i riginal Agreemen ontract Amendment/Extension Renewal Contract Manager: Emily schemper 8772 Planning/ Stop 26 CONTRACT COSTS Total Dollar Value of Contract: $ 92,340 Current Year Portion: $ 92 344 (must be$100,000.00 or less) ' (If multiyear agreement then requires BOCC approval,unless the iost 11 aint ihlii�v 4mtt una is 100,000.00 or Icss). Budgeted? Yes ■❑ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: Cost Center 50500(Planning)l SC 00036 Contractual Services/Ledger Account 530310 and Cost Center 52000(Environmental Resources)/SC 00036 Contractual Services/Ledger Account 530310 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Emilyschemper Date Digitally e20240809y 14Em.11 ily 12-04'0er '.20signe b '. hemp' County Attorney Signature: Peter Morris Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date''2024'08'1108''58''34-04'00' Purchasing Signature: Lisa Abreu Digitally 20240812ned yLisa Abreu Date'.2024.08.12 12'.32'.45-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date'.2024.08.12 14'.23'.17-04'00' Comments: Revised BOCC 4/19/2023 ,Page 84 of 105 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA, AND TISCHLER BISE, INC. THt, AGREEMENT(hereinafter the"Contract"or"Agreement") is made and entered into thisVday of August 2024, between the Monroe County Board of County Commissioners("Monroe County"or the"County")and Tischler Bise, Inc. ("Consultant", "Vendor",or"CONTRACTOR"),whose principal address is 4701 Sangamore Road, Suite S240, Bethesda, MID 20816. WHEREAS, Monroe County desires to employ the Consultant's professional public sector fiscal,economic,and planning services to prepare a fiscal impact analysis report concerning the estimated costs of enhancing existing infrastructure and/or of expanded infrastructure in order to meet the concurrency requirements and service needs of additional/expanded residential development in the Florida Keys above and beyond what is allowed under the adopted ROGO residential dwelling unit allocation system;and WHEREAS,the Consultant desires to render these services and complete these tasks and deliverables as described in the below Scope of Services; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: Section 1.Representations and Warranties 1.1 The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. 1.2 The Consultant shall secure, maintain,and pay for any and all licenses,permits,or other approvals or authorizations necessary to act as Consultant for the County. 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 of this Contract.Proof of such licenses, permits,or other approvals or authorizations shall be submitted to the County upon request.The Consultant has, and shall maintain throughout the term of this Contract,all appropriate licenses, permits,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. 1.3 The Consultant shall prepare all documentation required by this Contract in such a manner that it 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 laws,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. 1.4 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 of 18 1.5 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. 1.6 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 any part or portion thereof without the written consent of the County, 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 consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. 1.7 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, 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. The Consultant shall work independently of the County, and the Consultant shall provide all of its own office equipment and electronic devices (including but not limited to computers, computer software, telephones, and the like) to be utilized in the performance of its tasks under this Contract. 1.8 The Consultant shall primarily work remotely at its principal address or from another of its business locations, but may meet with County staff by telephone, Zoom, Microsoft Teams, and/or in person at Monroe County government buildings on an as- needed basis as determined by the Senior Director of the Monroe County Planning and Environmental Resources Department or his or her authorized designee. 1.9 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. 1.10 Time of Completion. The effective date of this Contract shall be the last day on which it is signed by both parties. The services to be rendered by the Contractor shall be commenced upon mutual execution of this Contract. The work contemplated herein shall be completed in accordance with a schedule mutually agreed to in writing by the County and Contractor. Completion of all deliverables required by the Scope of Services to this Contract shall be completed not later than between November 5th — November 26th, 2024. The final Fiscal Evaluation and Assessment Report Concerning the Estimated Costs of Enhancing/Expanding Infrastructure to 2of18 Serve Expansions of Residential Development shall be provided to the County no later than between November 5th — November 26th, 2024. 1.11 Amendment/Modification. This Contract may be amended and/or modified through the mutual written agreement of the parties. 1.12 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 prepare a report of the estimated costs of enhancing or expanding infrastructure to meet the required levels of service using several ROGO residential dwelling unit allocation system assumptions. This project involves the following task(s) and deliverables: Task 1: Evaluate Current Conditions a. Consultant will analyze the current capacity of existing infrastructure facilities, inclusive of transmission facilities for the following: i. Transportation (automobile/bicycle/pedestrian/transit facilities) ii. Wastewater iii. Potable Water iv. Schools V. Solid Waste vi. Parks vii. Electric b. Projections/Estimates: Consultant will utilize actual numbers from relevant agencies and providers to analyze current capacity compared to Monroe County's adopted level of service standards as established within the Comprehensive Plan and Code. Deliverable: A final report will include a section comparing current capacity to capacity required to meet adopted levels of service at several ROGO distribution allocation scenarios: 220, 600, 1000, 2000, 3000, and 8000 additional ROGOs. Task 2: Determine Functional Population a. Vendor will provide: i. The current functional population; and ii. The 10-year and 20-year functional population projection(s). Deliverable: A final Fiscal Evaluation and Assessment Report Concerning the Estimated Costs of Enhancing/Expanding Infrastructure to Serve Expansions of Residential Development providing projections and detailing analysis in said Report, inclusive of any data sources. Task 3: Determine Costs Associated with Planning Scenarios: Based on current Comprehensive Plan policies for ROGO distribution, estimate impacts to capacity for infrastructure category for the following ROGO distribution allocation scenarios: 220, 600, 1000, 2000, 3000, and 8000 additional ROGOs. Assuming allocations will be evenly distributed between Upper Keys ROGO subarea and Lower Keys ROGO subarea. a. Develop infrastructure needs assessment for each scenario. b. Fixed capital costs for each infrastructure item for each scenario. c. Assume single family development for analysis purposes. 3of18 Infrastructure Cost Assumptions for Evaluating Each ROGO Allocation Scenario: Transportation: a. The number of trips generated by additional housing units compared with the remaining capacity on U.S.1, to determine if it exceeds the Level of Service "C" trip capacity. b. Evaluate infrastructure transportation costs including but not limited to roads, bridges, traffic control devices, etc. c. Compare ITE trip generation compared to the most current reserve capacity table based on analysis of functional population projections and above-referenced planning scenarios. Wastewater: a. Utilize functional populations, wastewater district generation rates for analysis. b. Utilizing current data, estimate reserve capacity and apply to each scenario to determine projected wastewater concurrency (both treatment system and transmission system capacity). c. Estimate the costs of developing additional expanded or new wastewater infrastructure, if any, to sustain different the above scenarios of additional ROGO allocations. Estimates should include construction costs and any land acquisition this may require. Potable Water: a. Average Daily Demands calculated based upon FKAA water use records. b. Comparison of adopted levels of service and actual use records. c. Number of days withdrawals from wells exceeded permitted daily max with temporal information. d. Identify areas that do not currently meet current level of service standard in the Monroe County Comprehensive Plan of 20 PSI minimum standard. Schools: a. Evaluate requirements for expanded capacity, if any, to service additional ROGO allocation dwelling units in the scenarios above. b. Estimate Costs, if any, for a. Building additional school facilities. b. Additional transportation costs (buses, fuel, maintenance, etc.). c. Retaining or expanding school facility staff to maintain capacity (salaries, benefits, and housing assistance). Solid Waste: a. Evaluate existing projected need based on functional population projections. b. Evaluate additional transport costs (trucks, personnel, maintenance, etc.). c. Expansion / improvement of transfer stations. Parks: a. Evaluate projected need based on functional population projections. b. Develop costs of purchasing and developing land /facilities. Electric: a. Evaluate existing projected need based on functional population projections. 4of18 b. Incorporate consideration of increased A/C usage, hybrid and electric vehicle home charging, and additional projected increases in electric usage. First Responders: a. Evaluate projected need based on functional population projections of impacts to facilities, equipment, and personnel. Deliverables 1. Draft Report: A draft of the final report for staff review and comment. 2. Final Report: A report of the estimated costs of increased infrastructure to serve expansions of residential development providing costs for each of the above- referenced ROGO scenarios, detailing analysis and inclusive of any data sources. 3. Presentation to BOCC: Presentation of final report to Board of County Commissioners (attend virtually via remote webinar). Data Sources: a. Monroe County Comprehensive Plan b. Key Largo Livable CommuniKeys Plan c. Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan d. Big Pine Key and No Name Key Livable CommuniKeys Master Plan e. Lower Keys Livable CommuniKeys Plan f. Stock Island and Key Haven Livable CommuniKeys Master Plan g. Monroe County Capital Improvement Plan h. Monroe County Land Development Code i. 2021 U.S. 1 Arterial Travel Time and Delay Study (Adopted) j. 2023 U.S. 1 Arterial Travel Time and Delay Study (Unadopted) k. ITE Trip Generation Manual I. Monroe County Traffic Report Guidelines Manual for Transportation Site Impact Analysis m. Monroe County Transportation Master Plan n. Monroe County Wastewater Master Plan o. Lower East Coast Water Supply Plan (South Florida Water Management District) p. Florida Keys Aqueduct Authority q. Monroe County School District r. Florida Department of Education s. Monroe County Marina Siting Plan t. Monroe County Marine Management Strategic Plan a. Monroe County Marine Management Strategic Plan —Appendix 1: Legal Overview and General Policies Report b. Monroe County Marine Management Strategic Plan —Appendix 2: Working Waterfronts Report c. Monroe County Marine Management Strategic Plan —Appendix 3: Map Atlas for Marine Facilities Inventory d. Monroe County Marine Management Strategic Plan —Appendix 4: Demographic and Economic Analysis of Monroe County and the Marine Industry 5of18 2 2.1 One (1) hard copy and one (1) digital copy of the Report. All other work, tasks, and deliverables will be provided digitally to the County. 2.2 There may be additional instructions or provisions from the County to the Consultant specific to the work in the Scope of Services for the purposes of clarifying certain aspects of this Contract pertinent to the work, tasks, and deliverables to be undertaken and completed. Such instructions or provisions shall not be construed as an amendment or modification of this Contract. Section 3. Compensation. This Agreement constitutes a fixed price, not-to-exceed contract in the amount of$92,340.00 based upon completion of the work, tasks, and deliverables detailed in the Scope of Services. The County agrees to pay the Consultant based on completion of work, tasks, and deliverables described in the Scope of Services. The fee schedule authorized for compensation under this Contract is as follows: PROPOSED FEE SCHEDULE FOR MONROE COUNTY, FLORIDA Project Team Member: gise Carson H Julie Julies Jack Tintle Total Principal in Project Project Job Title: Charge Manager Analyst Hours Cost Hourly Rate* $245 $210 $190 Task 1: Evaluate Current Conditions 8 48 48 104 $21,160 Task 2: Determine Functional Population 8 16 40 64 $12,920 Task 3: Determine Planning Scenarios 48 140 90 278 $58,260 TOTAL: 64 204 178 446 $92,340 * Hourly rates are inclusive of all costs. Section 4. County Responsibilities. The County's Contract Manager shall be the Senior Director of the Planning & Environmental Resources Office (or his or her authorized designee(s)), who has authority to administer this Contract and to act on the County's behalf on all matters concerning this Contract. Section 5. 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. Section 6. Payment to Consultant. Payments shall be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to 6of18 the County Clerk ("Clerk"). The request must describe in detail the services performed and the payment amount requested. The Consultant must submit it to the County Contract Manager, who will review the request. The Contract Manager shall note his or 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. Payment to the Consultant may not occur more frequently than monthly. 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 General Liability Insurance Requirements. Prior to the commencement of work governed by this Contract, the Consultant shall obtain Commercial General Liability Insurance. Coverage shall be continuously maintained throughout the life of the Contract, and shall include, at minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is/are: • $300,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of 12 months following the acceptance of work by the County. 7of18 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 hereafter mutually agreed to in writing by and between the parties. 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 and • A certified copy of the actual insurance policy The Consultant shall provide to the County certificates of insurance and a copy of all insurance policies including those naming the County as additional insured and as a loss payee. The County reserves the right to require a certified copy of such policies upon request, and the Consultant shall provide a certified copy of the/its actual insurance policy or policies upon request by the County, notwithstanding that the Consultant may have already provided a Certificate of Insurance. Insurance coverage shall be provided by a company or companies authorized to transact business in the state of Florida. Insurance coverage shall be maintained throughout the entire term of the Contract. 7.7 Workers' Compensation Insurance Requirements. Prior to the commencement of work governed by this Contract, the Consultant shall obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Consultant shall obtain Employers' Liability Insurance with limits of not less than: • $100,000 Bodily Injury by Accident • $500,000 Bodily Injury by Disease, policy limits • $100,000 Bodily Injury by Disease, each employee Coverage shall be continuously maintained throughout the entire term of the Contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida. If the Consultant has been approved by the Florida Department of Labor, as an authorized self-insurer, the County may recognize and honor the Consultant's status. The Consultant 8of18 may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Consultant participates in a self-insurance fund, a Certificate of Insurance shall be required. In addition, the Consultant may be required to submit updated financial statements from the fund upon request from the County. 7.8 Professional Liability Insurance Requirements. 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. The minimum limits acceptable is/are: • $300,000 per Occurrence/$500,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years shall be required. Section 8. Indemnification and Hold Harmless 8.1 The Consultant agrees to hold harmless the County and its officers and employees, 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 Consultant, 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 first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this 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. 9of18 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, data, and other documents prepared or compiled under its duties and obligations under this Contract, 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, 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 this Contract. Section 9. Staffing. As staffing is of paramount 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 Contract. The personnel shall not be employees of or have any contractual relationship to the County. All personnel engaged in performing the services under this Contract 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 15 days' written notice to the Consultant. Immediately after receiving such notice, the Consultant shall immediately discontinue advancing the services contemplated herein, and deliver all work-product (including but not limited to documents, data, reports, notes, public records (as that term has been construed under Chapter 119, Florida Statutes), etc., over to the County, whether unused, in draft form, 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. Section 11. 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 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 10 of 18 With a copy to: Robert B. Shillinger, Monroe County Attorney 1111 12th Street Suite 408 Key West, FL 33040 To the CONSULTANT: Tischler Bise, Inc. Attn: L. Carson Bise, President 4701 Sangamore Road S240 Bethesda, MID 20816 Or addressed at such other address or addresses as such party shall hereinafter furnish to the other party 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 12. 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. 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 11 of 18 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 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 or 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 OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 13. 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 Contract 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 to perform work in accordance with these specifications throughout the term of this Agreement. Section 14. 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 Contract, as provided in Section 112.311, et. seq., Florida Statutes. 12 of 18 Upon the 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 15. 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 Contract, 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 16. 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 17. Miscellaneous 17.1 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 party. 17.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 17.3 Negligence. In the event the Consultant shall be found to be negligent in any aspect of the service or work, the County shall have the right to terminate the Contract after five (5) days' written notification to the Consultant. 17.4 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 17.5 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 Contract 13 of 18 automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the 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. 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. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. 17.6 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. 17.7 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. 17.8 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. 14 of 18 17.9 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 17.10 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). 18.1 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. 18.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, 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. 18.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply 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 15 of 18 by the awarding agency. 18.4 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (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 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." 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. 18.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal 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 non-Federal award. 18.6 Procurement of recovered materials as set forth in 2 CFR § 200.322. 18.7 Other Federal Requirements. Section 19. 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 20. 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 21. 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 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. 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. 16 of 18 Section 22. 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 party 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 23. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Section 24. 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 25. 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 26. Addendum Monroe County Terms and Conditions. By signing this agreement, the CONSULTANT agrees to and shall abide by all terms, conditions, and provisions within the attached Addendum, hereby incorporated as if fully stated herein, entitled "Addendum Monroe County Terms and Conditions". Section 27. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants that: The Consultant's name in this Agreement is its full name. It, he, or she is/are authorized to act and contract on behalf of the Consultant. Section 28. 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 29. 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. 17 of 18 Section 30. 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 31.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 32.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, In Witness Whereof,the parties have executed this Contract as indicated below. (SEAL) FOR MONROE COUNTY,FLORIDA KEVIN MADOK,CLERK 08/13/2024 As Deputy Clerk Acting County Administrator Kevin G.Wilson FOR BIS TISCHL R NC. E Ek) By: Signature: Witnes�(Print Name) V'Oeresi ent Julie Herlands MONnOE . CO(rAn'ORN EY By: APP1111� SO FORM y!Itnes g CrEnatur B R MORRIS Witness(Print Name) ASSISTANT"COUNTY ATTORNEY 4�- j Date: __8/13/24 By: IA Witness(Signature) STATE OF: t COUNTY OF: 7�—Ct'Ar '� 0�'� Thq,foregoing was sworn to(or affirmed)before me,and subscribed before me by means of M physical presence or D online notarization,this -Z, day of August,2024,by Julie Herlands in her official capacity on behalf of Tischler Bise, Inc.,who is personally known to me or PRODUCED IDENTIFICATION-Type of Identification Produced 4'-4VC' 1:qs-t IN WITNESS_WH.E 'YEOF, I have hereunto set my hand and official seal. Si ture-of,Notaryl? 1'0'� '11 of Print,Type,-or-Stamp-Co'ni missioned-N)ame-of Notary Public 18 of 18 Addendum Monroe County Terms and Conditions The Monroe County Board of County Commissioners (herein after"County") and Tischler Bise, Inc. ("CONSULTANT" or"contractor") agree as set forth below. The County and the Consultant agree to following: Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act. The CONSULTANT shall submit to the County invoices with supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (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. Payment will be made by check, unless otherwise agreed to the Clerk. The County is a political subdivision of the State of Florida and is exempt from taxation. The County can provide its Certification of Exemption upon request. The County's performance and obligation to pay under any multi-year invoice or quote is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. County's indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Nothing contained in any agreement, quote or invoice shall be deemed a waiver of immunity, nor shall any agreement entered into by the County be required to contain any provision for waiver. Maintenance of Records: CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their 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 five years following the termination of this Agreement. If an auditor employed by the County or the determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. Attorney's Fees and Costs: The Parties 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. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 1 of 5 Nondiscrimination: The Parties 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 Parties 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 on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 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 maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the CONSULTANT in this Addendum or any 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. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Addendum/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 County and the CONSULTANT agree that neither the County nor CONSULTANT 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 Addendum/Agreement. 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 2of5 personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System - In accordance with F.S. 448.095, Any Contractor 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 Contractor 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 subconstruct with an unauthorized alien. CONSULTANT shall comply with and be subject to the provisions of F.S. 448.095 COUNTY FORMS. By signing this Agreement, CONSULTANT has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug- Free Workplace Statement and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in this Agreement. Public Entity Crime Statement The CONSULTANT certifies and agrees that the CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid, proposal or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposal, or replies on leases of real property to a 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. 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, proposal, or reply on contracts to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, CONSULTANT or subcontractor 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 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 3 of 5 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 is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Ethics Clause By signing this Agreement, the CONSULTANT 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. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS The CONSULTANT agrees and certifies compliance with the following: 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 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 Terrorism Sectors 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 the CONSULTANT, I hereby certify that the company identified above as "TISCBLER BISE, INC." 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 Terrorism List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: dry i1o� d .coy /a s ness o. e t onslst�to cb s ng vendorini:onn ttion/convicte Lu pen ed discrimi qo�:y coy mints ✓end ii s t Non-Collusion Affidavit The CONSULTANT by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of TISCBLER BISE, INC., the bidder/proposer making the Proposal/quote for the project or goods described in the Scope of Work/Invoice/Quote and that I executed the said proposal/quote with full authority to do so; the 4of5 prices in this bid/J)I'oPOSlI/quotc have been arrived at independc"lly without collusion, co"SUI[Mion. Coll)Inu 11 icat ion or agrec'nient for the purpost', of restricting compaidon, as to any matter relating 10 such prices'With Other bidder or with any competitor;unless otherwise requircd by law, the I-vices Mlich have b0c"I (Itroted in this hid/proposal/quole hwc not been knowingly (kcloscd by lbe bidda/proposcl,and will not knowingly be disclosed by (lie hidda/proposel prior tea bid openint'?, (it'a bid openim, is bein" i-e or held Ior the procurement of this project, goods or services), (I I aly indirectly,to rally(Ijjlet�bidder/proposer or to any coaipctitor;and no attempt has been rmade or will be madc, by the biddcCproposcr to induce any other person, partnership or corporation to submit,or 1101 to submit,a hid/proposa,IAJUOte Im the purpose ofrcsirictiyj conlpetjtiojj;the stutcjjjcljj;contained in this affidavit are true and correct, and made Nvith full knowledge that Monroe County relics upon the truth Of the Stcnclljejl[L,,Colltiined in this affidavit ill awarding contracts for said pr(ject. TISCHUR RISE, INC. NN'rne(printed) dc2,e) L Title, 5 elf L