12/11/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: December 20, 2024
TO: Shannon Weiner, Director
Emergency Management
Cory Schwisow, Deputy Director
Emergency Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: December 11, 2024 BOCC Meeting
The attached item has been executed and added to the record:
C21 Agreement with WSP USA to provide consulting service to complete revision
of the Monroe County Local Mitigation strategy.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AGREEMENT
FOR
CONSULTING SERVICES TO COMPLETE REVISION OF LOCAL MITIGATION
STRATEGY
THIS AGREEMENT ("Agreement") is made and entered into this 111h day of December 2024, by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and WSP USA Environment& Infrastructure_
("CONTRACTOR"), whose address is 7255 Corporate Center Drive, Miami FL 33126.
This Agreement shall consist of this contract document, the Request for Proposal (RFP) issued by
Monroe County for these services, and the Proposal submitted by the CONTRACTOR in response
to the RFP, all of which are incorporated by reference.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do,perform and carry out in a professional and proper manner certain duties
as described in the Scope of Services —Exhibit A —which is attached hereto and made a part of this
agreement. The purpose of the services is to provide consulting services to complete a revision of
the Monroe County Local Mitigation Strategy ("LMS").
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
The CONTRACTOR warrants that it possesses the skills and qualifications necessary for the
delivery of the scope of services outlined in Exhibit A to this Agreement.
Section 3. COUNTY'S RESPONSIBILITIES
The County shall provide the information required by the Contractor to perform the Scope of
Services.
Section 4. TERM OF AGREEMENT
The term of this Agreement shall begin on December 11,2024, and shall run until delivery of the
deliverables identified in Exhibit A, Scope of Services.
Section 5. COMPENSATION
The total contract price for the work specified in the Scope of Services shall be ninety-four
thousand two hundred fifty-five dollars and no cents($94,255.00), inclusive, as shown below:
Tasks 1-6 but not including Task 4.5 Seventy-two thousand one hundred seventy-
five dollars and no cents ($72,175.00)
Task 4.5 Twenty-two thousand eighty dollars and no
cents ($22,080.00)
Page 1 of 15
Total Ninety-four thousand two hundred fifty-five
dollars and no cents ($94,255.00)
Payments for Tasks 1-4 and 5-6 will be made upon completion of the tasks identified on
Attachment A, as follows:
Task 1 0%
Task 2 20%
Task 3 20%
Task 4 20%
Task 5 20%
Task 6 20%
The Contractor shall submit to the County an invoice with supporting documentation
acceptable to the Clerk upon completion of each of the above-referenced Tasks. Acceptability
to the Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The Contractor will submit such
invoice according to milestones for services provided during the period. The invoice will
include a record of employee time worked and differentiate time worked at the rate for the
different classification. Upon receipt of the Contractor's invoice in the proper form as
stipulated above and upon acceptance by the Clerk, Monroe County will make payment in
arrears in accordance with the Florida Local Government Prompt Payment Act, Section 218.70,
Florida Statutes.
Section 6. PAYMENT TO CONTRACTOR
By entering into this Agreement, the CONTRACTOR warrants that it understands that the Contract
price represents the full compensation for all services under this Agreement.
6.1 Payment will be made according to the Florida Local Government Prompt Payment Act
Section 218.70 Florida Statutes. Any request for payment must be in a form satisfactory to
the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the
services performed and the payment amount requested. The CONTRACTOR must submit
invoices to the appropriate offices marked Group Insurance. The respective office supervisor
and the Director of Employee Services, who will review the request, note his/her approval
on the request and forward it to the Clerk for payment.
6.2 Monroe County's performance and obligation to pay under this contract is contingent upon
annual appropriation by Monroe County Board of County Commissioners.
6.3 The compensation listed in Section 5 will be payable in installments upon completion of the
Tasks shown in Scope of Services.
Section 7. CONTRACT TERMINATION
Termination Without Cause
Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty
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(60) days' written notice of its intention to do so.
Termination for Cause and Remedies
In the event of breach of any contract terms, the County retains the right to terminate this
Agreement. The County may also terminate this agreement for cause with Contractor should the
Contractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such termination,prior to termination, the County shall
provide Contractor with five (5) calendar days' notice and provide the Contractor with an
opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the County terminates this agreement with the Contractor, County shall pay
Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the County
reserves the right to assert and seek an offset for damages caused by the breach. The maximum
amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In
addition,the County reserves all rights available to recoup monies paid under this Agreement,
including the right to sue for breach of contract and including the right to pursue a claim for
violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
Termination for Convenience
The County may terminate this Agreement for convenience, at any time, upon seven (7) days'
notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay
Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract. The maximum amount due
to Contractor shall not exceed the spending cap in this Agreement.
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 Article IX, Section 2-721 et al. of the
Monroe County Code.
Section 8. NOTICES
Any notice required or permitted under this Agreement shall be in writing and hand delivered or
mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: To the CONTRACTOR:
Monroe County Emergency Management WSP USA Environment& Infrastructure, Inc.
Attn: Cory Schwisow Attn: David Stroud, CFM
7280 Overseas Highway 4021 Stirrup Creek Drive, Suite 100
Marathon, FL 33050 Durham, NC 27703
Schwisow-coLyL&monroecouniy fl•gov. David.stroud@wsp.com
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With a copy to:
Monroe County Attorney
1111 12th St., Suite 408
Key West, FL 33040
Shillinger-bob@monroecounty-fl.gov
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each parry to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other parry 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 CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR 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 to CONTRACTOR.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records,provide the public agency
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 Florida Statutes, Chapter 119 or as otherwise
provided by law.
C. 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
public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of the contractor or keep and maintain public records required by the public agency to
perform the service.If the contractor transfers all public records to the public agency 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
Monroe County, upon request from the public agency's custodian of records, in a format that is
compatible with the information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
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THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY, AT (305)292-3470, L L l eL- ria f& ec t�- . v,
C/O MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH ST., SUITE
408, KEY WEST FL 33040.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR 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 Ordinance
No. 020-1990. 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.
Section 11. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will
not violate the Public Entities Crime 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.
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 an Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under Agreement 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 the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. As used herein, the term "convicted vendor list" means a list
maintained by the Florida Department of Management Services, as defined in F.S. 287.133.
Section 12. 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 Agreements 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 CONTRACTOR agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
Section 13. 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
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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 CONTRACTOR 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.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR 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. 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.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,
and assigns.
Section 16. 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.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR 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
Agreement shall not be subject to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution,performance, or breach of this Agreement, COUNTY and CONTRACTOR
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. COUNTY and CONTRACTOR specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 19. NONDISCRIMINATION
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COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any parry, effective the date of the court order. 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 VH of the Civil Rights Act of 1964 (PL 88-352)which
prohibits discrimination in employment on the basis of race, color, 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 29-255), 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 VIH of the Civil Rights Act of
1968 (42 USC ss. 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. 1201), 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; 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.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR 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.
Section 21. CODE OF ETHICS
The parties understand and agree that officers and employees of the COUNTY are 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 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR 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
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this Agreement. For the breach or violation of the provision, the CONTRACTOR 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.
Section 23. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONTRACTOR 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
Agreement entered into by the COUNTY be required to contain any provision for waiver.
Section 24. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this 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 CONTRACTOR agree that neither the
COUNTY nor the CONTRACTOR 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.
Section 25. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 26. 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. An electronic
signature may be used to execute the Agreement.
Section 27. 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.
Section 28. INSURANCE POLICIES
28.1.1 General Insurance Requirements for Other Contractors and Subcontractors.
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As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all
Subcontractors to obtain insurance consistent with the attached schedules; however
CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONTRACTOR's failure to provide
satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY.
Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the
required insurance shall not extend deadlines specified in this contract and any penalties and failure
to perform assessments shall be imposed as if the work had not been suspended, except for the
CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to
the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on general liability and vehicle liability policies.
28.2 General Liability Insurance Requirements For Contract Between County And
Contractor
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(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
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 twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
28.3 Vehicle Liability Insurance Requirements
The minimum limits acceptable shall be owner and non-owned and hired vehicles:
$100,000 Combined Single Limit(CSL) If split limits are provided, the minimum limit is:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
28.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the CONTRACTOR 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 maintained throughout the entire term of the contract.
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Coverage shall be provided by a company or companies authorized to transact business in the state
of Florida.
28.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor 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 Contractor
arising out of work governed by this contract.
The minimum limits of liability shall be:
$300,000 per occurrence and $500,000 aggregate
Section 29. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out
of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by
the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance of this
contract. The amount and type of insurance coverage requirements set forth hereunder shall in no
way be construed as limiting the scope of indemnity set forth in this paragraph. Further the
CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and
not an employee of the Board of County Commissioners.
As used in this section, the term "Contractor" shall include any subcontractors used by the
Contractor.
Section 30. E-verify (F.S. 448.095). Beginning January 1, 2021, every public employer,
contractor and subcontractor shall register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. By entering in this Agreement, the vendor
certifies that it registers and uses the E-Verify system. If the contractor enters into a contract with a
subcontractor, the subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
contractor must maintain a copy of such affidavit for the duration of the contract.
Section 31. Federal Contract Clauses. A portion of the funds used to pay for these services are
expected to come from federal awards, as that term is defined in 2 CFR part 200. Therefore, the
following federal contract clauses from 2 CFR part 200 are incorporated in and made part of this
Agreement:
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a. Debarment and Suspension (Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220)will not be made to parties listed on the
governmentwide exclusions in the System for Award Management(SAM), in
accordance with the OMB guidelines at 2 CFR 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.
b. 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.
c. Americans with Disabilities Act of 1990 (ADA) —Contractor will comply with all
the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
d. Disadvantaged Business Enterprise (DBE)Policy and Obligation - It is the policy
of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall
have the opportunity to participate in the performance of contracts financed in
whole or in part with COUNTY funds under this Agreement. The DBE
requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's
have the opportunity to participate in the performance of this Agreement. In this
regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY
and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts,
entered pursuant to this Agreement.
e. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility 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 employment eligibility of all new employees hired by the subcontractor
during the Contract term.
Page 12 of 15
f. No Obligation by Federal Government. The federal government is not a party to
this contract and is not subject to any obligations or liabilities to the non-Federal
entity, f
ent ty, contractor, or any otherto an matter resulting rom the
contract.
' Y
g. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor
acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
ClaimsStatements) appliesContractor'sactionspertaining
and app les to the to this
contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the l l th day of December.2024.
l t: _Kevin Madok, Clerk of Courts MONROE COUNTY BOARD OF COUNTY
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CONTRACTOR: WSP USA
ENVIRONMENT& INFRASTRUCTURE,
INC.
By417' CA''3‘m)19-,
Printa
me: Amyy Crowley
Title Vice President,
s ssLine� u inee
Date: 11/25/2024
2024
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Approved as to form and legal sufficiency: _ {n
Monroe County Attorneys Office 11-27-2024
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Page 13 of
EXHIBIT A SCOPE OF SERVICES
The person or firm selected for this contract will perform the following tasks:
Task 1 -The LMS Update Planning Process
a. Draft emails, notices, memoranda, and other materials for the LMS Work Group chair and
members.
b. Discuss by conference call, the planning process with the LMS Work Group to explain the
activity,propose a project schedule, and describe the expectations for Work Group member
participation.
c. Identify existing resources to be provided by the Work Groupmembers (e.g.,
comprehensive plans).
d. Maintain documentation of the planning process (e.g., meetingminutes, sign-in sheets, and
methods used to conduct the process and obtain Work Group and public comments). Deliver
all backup files and work product files to county via digital files as requested.
Task 2 —Hazard Identification and Risk Assessment(HIRA). (20% of contract price) The
County's HIRA is located within the Monroe County Local Mitigation Strategy 2020 on page 39.
a. Review the HIRA, incorporate results into the LMS update, compare tothe 2020 HIRA to
characterize differences.
b. Determine if the HIRA inventory adequately captures historic andcultural resources.
c. Summarize the vulnerability of each hazard and community impacts.
d. Facilitate obtaining the current Repetitive Loss list from FDEM and preparation of maps.
e. Address potential impacts from climate change including sea level rise using the Southeast
Florida Regional Climate Change Compact Analysis ofthe Vulnerability of Southeast
Florida to Sea Level Rise.
Task 3 - Capability Assessment & Other Plans (20% of contract price)
a. Review with each community its capability assessments that describe agency functions and
how hazards are addressed.
b. Gather information from appropriate county and city staff to identify new or changes in
existing plans,programs,policies, ordinances, or regulations that pertain to hazard
mitigation to include in the updated Capability Assessment.
c. Identify changes (proposed or finalized by FEMA) in flood insurance studies, flood
insurance rate maps,participation in the CRS program, and ongoing and proposed efforts to
reduce flood losses.
d. Review LMS annual reports
e. Review State Hazard Mitigation Plan to identify coordinating updates appropriate for
consistency.
f. Draft revisions to pertinent sections of the LMS for review by the pertinent community
and Work Group representatives.
Task 4- LMS Work Group Meeting #1 & Mitigation Initiatives/Actions/Projects (20% of
contract price)
Page 14 of 15
a. Work Group meeting 91:review HRVA and revisions; review Mitigation Goal
Statement; review changes in capability assessment.
b. Review progress on the list of mitigation initiatives through review of LMS Annual
Reports and facilitate Work Group member contributions to update list of mitigation
initiatives.
c. Facilitate a discussion on the proposed LMS update changes.
d. Incorporate revisions in the LMS and circulate for comment.
Task 4.5 - Repetitive Loss Area Analyses
This subtask will be performed only if specifically assigned. Communities that participate
in the CRS that have 10 or more properties identified by the NFIP as "repetitive loss"
properties are required to prepare "repetitive loss area analyses" in accordance with the
FEMA Guidance (CRS Coordinator's Manual; Mapping Repetitive Flood Losses). The
analyses can be adopted by individual communities as an addendum to the LMS.
Task 5 -LMS Work Group Meeting #2 & Draft LMS Revisions (20% of contract price)
a. Work Group meeting 92: review all revisions; summarize substantive comments;
incorporate current LMS projects provided by each jurisdiction into update; consider
new programmatic actions and prioritize; identify potential projects that could also
accrue CRS points; focus on mitigating Severe Repetitive Loss and Repetitive Loss
properties.
b. Complete all of the parts of the Plan Review Tool in final form, ready for delivery to
FDEM.
c. Prepare final draft LMS Update.
d. Provide final draft LMS Update in electronic format and six (6) hardcopies for
communities to make for public review and solicit comments.
e. Conduct public meeting(s), report comments to LMS Work Group and address.
Task 6- Final Draft LMS Update, Final LMS Update, and LMS Adoption (20% of
contract price)
a. Prepare final draft of complete LMS Update and Florida LMS Crosswalk for submissionto
FDEM (deadline assigned: July 18,2025)provide to County and Work Group members
digitally by this date.
b. Incorporate FDEM comments into LMS and provide to county and all Work Group
members for concurrence.
c. Prepare final LMS and provide to County and Municipal Work Group members for
adoption.
d. Incorporate resolutions of adoption into LMS Update.
e. Deliver all digital files for submission to FDEM on or before (deadline assigned: January
13, 2026)which is inclusive of final Excel version of the Florida LMS Review Tool,
completed as described in the Review Tool's instructions and electronic copy of all the plan
documents to be submitted by FDEM to FEMA.
f. Deliver all backup files and work product files to county via digital files as requested
Page 15 of 15
711/26/2024
E(MM/DDYYY)
ACCORD® /Y
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Service Team
Arthur J. Gallagher Risk Management Services, LLC PHONE FAX
300 Madison Avenue A/C No Ext: 212-994-7020 A/C,No):
E-M28th Floor ADDRESS: GGB.WSPUS.CertRequests@ajg.com
New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Liberty Insurance Corporation 42404
INSURED WSPGLOB-01 INSURERB:Zurich American Insurance Company 16535
WSP USA Inc.
1075 Big Shanty Road, Suite 100 INSURERC:
Kennesaw, GA 30144 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1642182917 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
B X COMMERCIAL GENERAL LIABILITY Y Y GLO 9835819-11 5/1/2024 5/1/2025 EACH OCCURRENCE $3,500,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $3,500,000
APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $10,000
BY a* p P ,- .''" PERSONAL&ADV INJURY $3,500,000
GEN'L AGGREGATE LIMIT APPLIES PER: DATE JECT II/27 202 GENERAL AGGREGATE $7,000,000
POLICY❑ PRO ❑ WAIVER N/A YES_
LOC PRODUCTS-COMP/OP AGG $4,000,000
X
OTHER: $
A AUTOMOBILE LIABILITY Y Y AS7-621-094060-034 5/1/2024 5/1/2025 COMBINED SINGLE LIMIT $5,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
A WORKERS COMPENSATION WA7-62D-094060-014 5/1/2024 5/1/2025 X PER OTH-
A AND EMPLOYERS'LIABILITY Y/N WA7-62D-095609-074 5/1/2024 5/1/2025 STATUTE ER
A ANYPROPRIETOR/PARTNER/EXECUTIVE WC7-621-094060-914 5/1/2024 5/1/2025 E.L.EACH ACCIDENT $2,000,000
OFFICE R/M EMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION.
Updating the County Local Mitigation Strategy-Planning Work
Monroe County, FL Board of County Commisioners are included as Additional Insured with respect to the General Liability and Automobile Liability policies as
required by written agreement,pursuant to and subject to the policy's terms,definitions,conditions and exclusions.Waiver of Subrogation applies to Additional
Insured with respect to the General Liability and Automobile Liability policies as required by written agreement, pursuant to and subject to the policy's terms,
definitions,conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County, FL
1100 Simonton Street AUTHORIZED PRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
711/26/2024
E(MM/DD/YYYY)
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Service Team
Arthur J. Gallagher Risk Management Services, LLC PHONE FAX
300 Madison Ave 28th Floor A/C No Ext: 212-994-7020 A/C,No):
E-MNew York NY 10017 ADDRESS: ggb.wspus.certrequests@ajg.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: QBE Specialty Insurance Company 11515
INSURED WSPGLOB-01 INSURER B:
WSP USA Inc.
1075 Big Shanty Road, Suite 100 INSURERC:
Kennesaw, GA 30144 INSURERD:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1758699071 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $
MED EXP(Any one person) $
APPROVED BY RISK MANAGEMENT
PERSONAL&ADV INJURY $
�2 OG PN'
GEN'L AGGREGATE LIMIT APPLIES PER: BY u... a - w _ GENERAL AGGREGATE $
PRO- DATE
POLICY D JECT1:1 LOC 4 PRODUCTS-COMP/OP AGG $
OTHER: WAIVER NIA—YES— $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A ProfessionalLiability QPL0022630 11/1/2024 10/31/2025 Per Claim $1,000,000
CLAIMS-MADE Aggregate $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION.
Updating the County Local Mitigation Strategy-Planning Work
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County, FL
1100 Simonton Street AUTHORIZED PRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD