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Resolution 205-1989 Monroe County Commission RESOLUTION NO. 205 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BETWEEN MONROE COUNTY AND HANSEN LIND MEYER, INC., CONCERNING PROFESSIONAL SERVICES IN CONNECTION WITH THE MONROE COUNTY CORRECTIONAL SYSTEM MASTER PLAN. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an Agreement between Monroe County and Hansen Lind Meyer, Inc., a copy of same being attached hereto and made a part hereof, concerning professional services in connection with Monroe County Correctional System Master Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of April, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: //J/~a ( Seal) Attest: D.AN'NX L. KOLHAGE, Clerk ~~ ~-1/,,{)~ -', .1 ) 1 i ;"OW i ) J . J _AlIOWDMT~~ AND LEGAL SVFF~, ',' n~~ AnoM" . - 8E: 6 \1 L l cidV :59. t-=i ,~ AGREEMENT THIS AGREEMENT is made and entered into this day of 1989, by and between MONROE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "the County," and HANSEN LIND MEYER, INC., a corporation whose mailing address is 800 North Magnolia Avenue, Orlando, Florida 32803, hereinafter referred to as "the Consultant." In consideration of the mutual covenants and agreements contained herein, the County and the Consultant hereby agree as follows: 1. The Consultant will provide to the County professional architectural, engineering, planning, and consulting services with relation to the correctional system, including detention facilities, maintained and operated by the County. The profes- sional services to be provided are specified in detail in the written specifications, dated August 28, 1988, and prepared by the County in conjunction with the request for proposals which led to this agreement, and in the written scope of services prepared and submitted to the County on November 10, 1988, by the Consultant, in response to the County's request for proposals. Copies of both the County's written specifications, and the Consultant's scope of services, are attached to this agreement, and incorporated herein by reference. These services shall culminate in a final written document, constituting the report of Phase I of the Monroe County Correctional System Master Plan. 2. The Consultant will initiate the work identified above as soon as practicable, and, in any event, no later than thirty (30) days after the execution of this agreement by both parties. The Consultant will complete its work, including the preparation and delivery of the final report, within three (3) months after the execution of this agreement by both parties. The Consultant 7" may apply to the County for an extension of this deadline, and the County shall not unreasonably refuse to agree to such an extension. 3. At least sixty (60) days prior to the deadline for completion of its work, the Consultant will furnish to the County a preliminary draft of its final report, so that the County may review such a draft and make recommendations for changes to be incorporated in the final version of the report. 4. The County will provide to the Consultant any informa- tion held by the County which may be pertinent to the subject of the Consultant's work. The County will also provide for access, by the Consultant, to the County Correctional facilities. The Consultant shall be entitled to rely on the information supplied by or at the direction of the County as current and accurate, where available from generally acceptable sources. 5. The County shall pay the Consultant, as consideration for professional services, the amount of one hundred ten thousand dollars ($110,000.00). This consideration shall be due and payable upon the completion of the Consultant's work, including delivery of the final report. During the course of its work, the Consul tant may submit to the County, on a monthly or other periodic basis, invoices showing the ratable portion of this total consideration which may be apportioned and attributed to services actually rendered by the Consultant pursuant to this agreement, up to the date of such invoices. The amounts shown on such interim invoices, if reasonable, shall be due and payable within thirty (30) days of receipt, by the County, of such invoices. If the County believes that the amount shown on any such interim invoice is not reasonable, the County shall so notify the Consultant within ten (10) days of receipt, by the County, of that invoice, and the parties will negotiate in good faith to determine a reasonable amount acceptable to both parties. 6. The County will also, upon receipt of the final report, pay to the Consultant an allowance, of not more than twenty thousand dollars ($20,000.00), as reimbursement for expenses 2 which the Consultant actually incurs in performing its work pursuant to this agreement. For the purposes of illustration, reimbursable expenses may include those for travel, food. and lodging, and those for printing, photocopying, postage, and telephone charges, in accordance with Florida Statutes. The County will reimburse the Consultant only for those expenses which are reasonable in amount, which were necessarily incurred by the Consultant in performing its work pursuant to this agree- ment, which are not chargeable by the Consultant to other proj- ects or accounts, and for which the Consultant submits receipts. 7. The Consultant certifies that the Consultant now has, or will secure, at the Consultant's expense, all personnel, facilities, materials and equipment required for the satisfactory performance of its work pursuant to this agreement. 8. The Consultant will, during the term of this agreement, keep the County fully informed of the status and progress of the Consultant's work pursuant to this agreement. In addition, the Consultant will attend all meetings of the Monroe County Citi- zens' Jail Advisory Planning Committee, and present verbal progress reports and appropriate written documentation to all committee members, unless specifically otherwise authorized by the County Administrator. Said meetings are held at 10:30 A.M. on the second Thursday of each month in the Chapel meeting room at the Stock Island Public Service Building. Upon request of the County, the Consultant will submit a written status report. 9. The Consultant may not transfer, delegate, or assign any of its final responsibility for the work pursuant to this agreement, without first obtaining the written approval of the County to such transfer, delegation, or assignment. 10. This agreement shall continue and remain in full force and effect as to all of its terms, conditions, and provisions, as set forth herein, until and unless the County shall give written notice to the Consultant of its desire to terminate this agree- ment, with or without cause, on a specified time and date there- 3 after. Such written notice to terminate this agreement shall be given no less than fifteen (15) days prior to the date this agreement shall be so terminated and within twenty-four (24) hours in the event funds become unavailable to the County for any reason whatsoever. The County shall be the sole and final authority as to the availability of funds. In the event of any such termination, the Consultant shall be paid by the County for all services actually, timely, and faithfully rendered up to receipt of the notice of termination and, thereafter, until the date of termination, the Consultant shall be paid only for such services as are specifically authorized in writing by the County. 11. The County agrees that, pursuant to the representation made by the County in its published request for proposals for the project which is the subject of this agreement, and in accordance with an understanding between the County and the Consultant, the County will retain the Consultant for the preparation of any architectural or engineering designs, or other related technical work, which the county may elect to obtain to implement any of the recommendations made by the Consultant in the report which will be a product of the work performed pursuant to this agree- ment. However, nothing in this paragraph, or anywhere else in this agreement, constitutes any agreement, express or implied, that the County will actually act to implement any of the rec- ommendations made by the consultant in its report produced pursuant to this agreement. The County, in its discretion, may elect not to implement any of these recommendations, in which case the County will not be obligated to retain the Consultant for any further services. 12. The Consultant agrees that it will indemnify and hold the county harmless, and defend the county, and its officials, employees, and agents, from all suits of actions and claims of any type brought against the County or any of its officials, employees, and agents, to the extent such suits or claims are due to any negligent act or omission by the Consultant in performing work pursuant to this agreement. During the term of this agree- 4 ment, the Consultant shall maintain and carry professional liability insurance coverage in the amount of at least one million dollars ($1,000,000.00). The County shall, upon becoming aware of any claim to which this paragraph may apply, promptly give the Consultant written notice of such claim. The County will cooperate with, and assist, the Consultant in the Consul- tant's investigation and defense of any such claim. In defending any such claim the Consultant shall have exclusive and final control and authority over such defense, including the selection and retention of legal counsel, and the settlement of any claim. IN WITNESS WHEREOF, the parties have set their hand and seal hereunto, on the date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. By Mayor/Chairman (SEAL) Attest: Clerk (SEAL) -~OWDM 70,.., AND LEGAl.. 8tJFFIellIt1.Y. ~ ~1Ll Altorn . 0IlIM BY 5