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Jacobs Engineering Group, Inc.Hydrogeological Consulting Support ServicesCN200347AEJ
PROFESSIONAL SERVICES AGREEMENT
El (^) Contract# (^) __ _
Board Approval Date:
(^) __ _
This PROFESSIONAL SERVICES AGREEMENT
(^) is (^) made and entered into between the Board
(^) of County
Commissioners
(^) of (^) LEE COUNTY, a political subdivision
(^) of (^) the STA
(^) TE OF FLORIDA hereinafter referred
to as the "COUNTY", and Jacobs Engineering Group, Inc., hereinafter referred to as the "CONSULTANT".
WITNESSETH
WHEREAS, the COUNTY desires to obtain the professional services
(^) of (^) said CONSUL
TANT to provide and
WHEREAS, the CONSULidentified as: Hydrogeologic Consulting Support Services; andperform professional services as further described hereinafter concerning the Project to be referred to and
(^) TANT hereby certifies that CONSUL
TANT has been granted and possesses valid,
current licenses to do business in the State
(^) of (^) Florida and in Lee County, Florida, issued by the respective State
provided and performed by the CONSULTBoards and Government Agencies responsible for regulating and licensing the professional services to be
ANT
(^) pursuant to this Agreement; and
and WHEREAS, the CONSULTANT has reviewed the professional services required pursuant to this Agreement is (^) qualified, willing and able to provide and perform all such services
(^) in (^) accordance with the provisions,
conditions and terms hereinafter set
(^) fotih; (^) and
WHEREAS, the selection and engagement
(^) of the CONSUL
TANT has been made by the COUNTY in
accordance with the provisions
(^) of the Consultants' Competitive Negotiation Act, Chapter 287.055, Florida
NOW, THEREFORE,Statutes, and in accordance with applicable Lee County Administrative Codes.
(^) in (^) consideration
(^) of the mutual covenants, terms and provisions contained herein, the
ARTICLE 1.00 parties agree as follows:
- SCOPE OF PROFESSIONAL SERVICES
CONSUL
TANT hereby agrees to provide and perform the professional services required and necessary to
ARTICLE 2.00 SERVICES".complete the services and work as set forth in attached EXHIBIT "A", entitled "SCOPE OF PROFESSIONAL
- DEFINITIONS
The following definition
(^) of (^) terms associated with this Agreement
(^) is (^) provided to establish a common
2.01 of (^) such terms pertaining to this Agreement.understanding between both parties to this Agreement as to the intended usage, application, and interpretation The term COUNTY refers to the BoardCOUNTY
(^) of County Commissioners
(^) of Lee County, a charter County
and political subdivision
(^) of (^) the State
(^) of (^) Florida, and any official or employee duly authorized to act on the
2.02COUNTY'S behalf relative to this Agreement. The term CONSUL^ CONSULTANT
(^) TANT refers to the individual or firm offering professional services that, by
execution (^) of (^) this Agreement,
(^) is (^) legally obligated, responsible, and liable for providing and performing any and
all (^) of (^) the services, work and materials, including services and/or work
(^) of (^) sub-consultants and subcontractors,
required under the covenants, terms and provisions contained
(^) in (^) this Agreement.
Page I
9105 06/01/
The term PROFESSIONAL SERVICES refers to all^ PROFESSIONAL SERVICES
(^) of the services, work, materials and related
professional, technical and administrative activities to be provided and performed by the CONSUL
TANT
(^) and
its employees, including all sub-consultants and subcontractors engaged by the CONSUL
(^) TANT, to complete
the services required pursuant to the covenants, terms and provisions
(^) of (^) this Agreement.
SUB-CONSUL
TANT
The term SUB-CONSUL
TANT
(^) refers to any individual or firm offering professional services that
(^) is
engaged by the CONSULT
ANT
(^) to assist in providing and performing the professional services, work and
materials for which the CONSULT
ANT
(^) is (^) contractually obligated, responsible and liable to provide and
perform under this Agreement.
(^) The COUNTY may not be deemed a party to, responsible or liable for, or
assume any obligation whatsoever with respect to any Agreement between the CONSULT
ANT
(^) and any
SUB-CONSUL
TANT.
The term SUBCONTRACTOR refers to any individual, company or firm providing services other than^ SUBCONTRACTOR
professional services that
(^) is (^) engaged by the CONSULT
ANT
(^) to assist in providing and performing services,
work and materials for which the CONSULT
ANT
(^) is (^) contractually obligated, responsible, and liable to provide
assumeand perform under this Agreement. The COUNTY may not be deemed a party to, responsible or liable for, or (^) any (^) obligation
(^) whatsoever
(^) for (^) any (^) Agreement
(^) between (^) the (^) CONSULTANT
(^) and (^) any
2.06SUBCONTRACTOR.
The term PROJECT refers to such facility, system, program or item as described^ PROJECT
(^) in the summary
statement set forth
(^) in (^) the Preamble on Page One
(^) of (^) this Agreement.
The term BASIC SERVICES refers to the professional services set forth and required pursuant to this^ BASIC SERVICES
Agreement as described
(^) in (^) further detail in the attached EXHIBIT "A".
The term ADDITIONAL SERVICES refers to such professional services the COUNTY may request^ ADDITIONAL SERVICES
and authorize,
(^) in (^) writing, for the CONSUL
TANT
(^) to provide and perform relative to this Agreement that are
not included
(^) in the BASIC SERVICES.
(^) Additional services must be authorized by both parties through
execution (^) of (^) a Change Order to this Agreement. CHANGE ORDER
The term (^) CHANGE ORDER refers to a written document,
CHANGE
ORDER
AGREEMENT,
executed by both parties to this Agreement setting forth and authorizing changes to the agreed upon Scope
(^) of
Professional Services and Tasks, Compensation and Method
(^) of (^) Payment, Time and Schedule
(^) of (^) Performance,
or Project Guidelines and Criteria as
(^) such were
(^) set forth (^) and agreed to
(^) in the (^) initial AGREEMENT,
SUPPLEMENTAL TASK AUTHORIZATIONS,
(^) or previous CHANGE ORDERS
(^) issued thereto.
(^) The
CHANGE
ORDER
(^) document, which must be executed on a Lee County standard form, will set forth the
authorized changes to the: scope
(^) of (^) professional services, tasks, work or materials to be performed
(^) or (^) provided
by the CONSULT
ANT; (^) the (^) compensation
(^) and (^) method (^) of payment; (^) the (^) schedule (^) or time (^) period (^) for
performance and completion; and the guidelines, criteria and requirements pertaining thereto. CHANGE ORDERS will be identified as follows:
(^) Owner changes:
(^) These will be additional
Page 2
compensation; (2) time and/or schedule
(^) of (^) service delivery; (3) scope
(^) of (^) services; or, (4) other changes relative
ORDERSto BASIC SERVICES and ADDITIONAL SERVICES pursuant to this Agreement, including CHANGE (^) or SUPPLEMENTAL
TASK
AUTHORIZATIONS
(^) pertaining thereto.
(^) The (^) DEPARTMENT
DIRECTOR
(^) is responsible for acting on the COUNTY'S behalf to administer, coordinate, interpret and
2.12CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS.otherwise manage the contractual provisions and requirements set forth in this Agreement, including approved (^) PROJECT
(^) MANAGER
The term PROJECT
MANAGER
(^) refers to the person employed or retained by the COUNTY and
designated, in writing, to serve and act on the COUNTY'S behalf
(^) to (^) provide direct contact and communication
between the COUNTY and CONSULT
ANT
(^) with respect to providing information, assistance, guidance,
coordination, review, approval and acceptance
(^) of (^) the professional services, work and materials to be provided
TASKand performed by the CONSULTANT pursuant to this Agreement and duly approved SUPPLEMENTAL (^) AUTHORIZATIONS and CHANGE ORDERS. The PROJECT
MANAGER
(^) is (^) not authorized to and
may not issue any verbal, or written, request
(^) or (^) instruction to the CONSULT
ANT
(^) that would have the effect,
or be interpreted to have the effect,
(^) of (^) modifying or changing in any way whatsoever the:
(^) Scope (^) of (^) Services
to be provided and performed by the CONSUL
(^) TANT; (2) The time the CONSUL
TANT
(^) is (^) obligated to
commence and complete all such services; or, (3) The amount
(^) of (^) compensation the COUNTY
(^) is (^) obligated or
committed to pay the CONSUL
TANT.
(^) The PROJECT MANAGER will review and make appropriate
recommendations on all requests submitted by the CONSUL
TANT
(^) for payment for services and work
2.13ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS.provided and performed, and reimbursable costs and expenses, as provided for in this Agreement, CHANGE Lump Sum Fees, hereinafter identified as L.S., are understood and agreed to include all direct and^ LUMP SUM FEES
indirect labor costs, personnel related costs, overhead and administrative costs, costs
(^) of (^) sub-consultants and/or
subcontractors, out-of-pocket expenses and costs, professional service fees and any other costs
(^) or expenses
as may be required and/or necessary to complete each and every task set forth in the Scopewhich may pet1ain to the services and/or work to be performed, provided and/or furnished by the Consultant
(^) of (^) Professional
Services, Exhibit "A", or as may be set
(^) in subsequent Supplemental Task Authorizations, and/or Change
Orders agreed to
(^) in (^) writing by both parties to this Agreement.
When all, or any pot1ion,^ NOT-TO-EXCEED FEES
(^) of (^) the CONS ULTANT'S compensation to provide and perform the services
and work necessary and required pursuant to the Tasks set forth
(^) in (^) Agreement Exhibit "A", and any Change
Orders, Supplemental Task Authorizations, and Work Orders authorized thereto,
(^) is (^) established to be made on
a NOT-TO-EXCEED (N.T.E.) amount basis, it
(^) is (^) mutually understood and agreed that such compensation for
each completed Task will be made on the following basis: fot1htechnical personnel, multiplied by the applicable hourly rates for each classification or position as setFor the actual hours necessary, required and expended by the CONSULTANT'S professional and (^) in Attachment No.
to (^) Exhibit (^) "B", (^) as attached, (^) and (^) any (^) approved (^) Change (^) Orders (^) or
multiplied by the applicable "BasisFor the actual necessary, required and expended non-personnel reimbursable expenses and costs,Supplemental Task Authorizations; and
(^) of (^) Charges" for each item as set forth
(^) in (^) Attachment No. 2 to Exhibit
For the actual, necessary and required hours, and non-personnel expenses and costs, expended by"B", as attached, and any approved Change Orders or Supplemental Task Authorizations; and
Page 4
and unit costs as are agreed to by theSub-Consultants and SubContractors engaged by the CONSULTANT, multiplied by such hourly rates
COUNTY
(^) and the CONSULT
ANT
(^) and as are set forth as a part
With the understanding and agreement that the COUNTY will pay the CONSULof (^) this Agreement and any approved Change Orders or Supplemental Task Authorizations; and
TANT
(^) for all such
the costs and expenses within the established Not-to-Exceed amount for each Task or Sub-Task subject to CONSULT
ANT (^) presenting
(^) an (^) itemized (^) and (^) detailed (^) invoice (^) with (^) appropriate
(^) supporting
for all Not-to-Exceed amounts will be subject to the review, acceptance and approvalWith the understanding and agreement that the CONSULTANT'S invoices and all payments to be madeand expenses; anddocumentation attached thereto to show evidence satisfactory to the COUNTY covering all such costs
(^) of (^) the COUNTY;
and with (^) the (^) understanding
(^) and (^) agreement
(^) that (^) when (^) the (^) CONSULTANT'S
(^) compensation
(^) is
established on a Not-to-Exceed basis for a specific Task or Sub-Task the total amount
(^) of (^) compensation
to be paid the CONSULT
ANT
(^) to cover all personnel costs, non-personnel reimbursable expenses and
exceed the amountcosts, and Sub-Consultant and Subcontractor costs for any such specific Tasks or Sub-Tasks shall not
(^) of (^) the total Not-to-Exceed compensation established and agreed to for each specific
Task or Sub-Task.
(^) In the event the amount
(^) of (^) compensation for any Task or Sub-Task to which the
CONSULTANT
(^) is (^) entitled on the Not-to-Exceed basis set forth above
(^) is (^) determined to be necessary,
required and actually expended and
(^) is (^) determined to be actually less than the Not-to-Exceed amount
established for the specific Task or Sub-Task, it
(^) is (^) understood and agreed that any unexpended amount
under a specific Task or Sub-Task may not be used, applied, transferred, invoiced
(^) or (^) paid for services
or work provided or performed on any other Task or Sub-Task.
ARTICLE
OBLIGATIONS OF THE CONSULTANT
The obligations
(^) of (^) the CONSULTANT with respect to all the BASIC SERVICES and ADDITIONAL
3.01SERVICES authorized pursuant to this Agreement include, but are not limited to, the following: The CONSUL^ LICENSES
TANT agrees to obtain and maintain throughout the period this Agreement is
(^) in (^) effect
all such licenses as are required to do business in the State
(^) of (^) Florida and in Lee County, Florida, including,
but not limited (^) to, (^) licenses (^) required (^) by (^) the (^) respective
(^) State (^) Boards and
(^) other governmental
(^) agencies
responsible (^) for (^) regulating
(^) and (^) licensing (^) the (^) professional
(^) services (^) provided (^) and (^) performed
(^) by (^) the
CONSUL
TANT
(^) pursuant to this Agreement.
(1)^ PERSONNEL
QUALIFIED PERSONNEL
The CONSUL
TANT (^) agrees when the services to be provided and performed relate to a professional
service that, under Florida Statutes, requires a license, ce1iificate
(^) of (^) authorization or other form
(^) of (^) legal
entitlement to practice such services, to employ and/or retain only qualified personnel to be
(^) in
responsible charge
(^) of (^) all BASIC SERVICES and ADDITIONAL SERVICES to be provided pursuant
(2) to this Agreement. CONSULTANT'S PROJECT DIRECTOR
The CONSULTANT agrees to employ and designate, in writing, a qualified and,
(^) if (^) required by law, a
licensed professional to serve as the CONSULTANT'S Project Director.
(^) The CONSULTANT'S
Page 5
CORRECTION
OF ERRORS, OMISSIONS
OR
OTHER
DEFICIENCIES
RESPONSIBILITY
TO
CORRECT
The CONSULT ANT (^) agrees to be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination
(^) of (^) all data, studies, surveys, designs, specifications,
other documents and instruments, and other services,calculations, estimates, plans, drawings, construction documents, photographs, reports, memoranda,
(^) work (^) and materials performed, provided, and/or
furnished by
(^) CONSULT
ANT (^) or (^) by any sub-consultants and/or subcontractors retained or engaged
(^) by
the CONSULT
ANT (^) pursuant to
(^) this (^) Agreement.
(^) The (^) CONSULT
ANT (^) shall, (^) without (^) additional
instruments, and other services,surveys, designs, specifications, calculations, estimates, plans, drawings, construction documents andcompensation, correct or revise any errors, omissions or other deficiencies in such data, studies,
(^) work (^) and materials resulting from the negligent act, errors
(^) or (^) omissions
or (^) intentional misconduct
(^) of (^) CONSULT
ANT (^) or any sub-consultants
(^) or (^) subcontractors engaged by the
(2) CONSULTANT.
COUNTY'S
APPROVAL
SHALL
NOT
RELIEVE
CONSUL
TANT
OF
RESPONSIBILITY
Neither (^) review, (^) approval, (^) or acceptance (^) by (^) the (^) COUNTY
(^) of data, (^) studies, (^) surveys, (^) designs,
furnished hereunder by thememoranda, other documents and instruments, and incidental professional services, work and materialsspecifications, calculations, estimates, plans, drawings, construction documents, photographs, reports,
CONSUL
(^) TANT, or any sub-consultants or subcontractors engaged by the
CONSUL
TANT,
(^) shall (^) in any way (^) relieve (^) CONSUL (^) TANT (^) of responsibility
(^) for (^) the (^) adequacy,
completeness and accuracy
(^) of (^) its services, work and materials and the services,
(^) work (^) and materials
(^) of
any and all sub-consultants and/or subcontractors engaged by the
CONSUL
TANT
(^) to provide and
perform services
(^) in connection with this Agreement.
(^) Neither the COUNTY'S review, approval
(^) or
acceptance of, nor payment for, any
(^) of the CONSULT
ANT'S services, work and materials shall be
construed to operate as a waiver
(^) of (^) any (^) of (^) the COUNTY'S rights under this Agreement,
(^) or (^) any cause
of (^) action it may have arising
(^) out (^) of (^) the performance
(^) of (^) this Agreement.
LIABILITY
CONSULTANT
TO
HOLD
COUNTY
HARMLESS
Consistent with the provisions
(^) ofFS (^) s. 725.08, (^) CONSUL (^) TANT (^) agrees to indemnify and hold harmless
intentionally wrongful conductnot limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, orthe COUNTY, its officers and employees, from liabilities, damages, losses and costs, including, but
(^) of (^) the (^) CONSULT
ANT (^) and other persons employed or utilized by the
CONSUL
TANT, including, but not limited to sub-consultants, sub-contractors and materialmen, in the
performance
(^) of this contract, including any Change Orders or Supplemental
(^) Task (^) Authorizations.
CONSULTANT
(^) and (^) COUNTY (^) agree that the monetary limitation on the indemnification provided
under this contract
(^) is (^) limited to the full amount
(^) of (^) the contract award (i.e. Compensation to be paid
Consultant as set forth in the attached Exhibit B), including any sums added
(^) or subtracted from the
contract award through Change Orders or Supplemental
(^) Task (^) Authorizations.
(^) Consistent with FS s.
COUNTY
(^) agrees that
(^) CONSUL TANT (^) will not be liable for damages arising
(^) out (^) of the
negligence (^) of (^) the COUNTY, its officers or employees.
Page 7
NOT
TO
DIVULGE
CERTAIN
INFORMATION
CONSUL
TANT
(^) agrees, during the term
(^) of (^) this Agreement, not to divulge, furnish
(^) or (^) make (^) available
to any third person, firm,
(^) or (^) organization, without
COUNTY'S
(^) prior written consent,
(^) or (^) unless incident to the
proper performance
(^) of CONSULTANT'S
(^) obligations hereunder,
(^) or in the course
(^) of judicial (^) or legislative
the services to be rendered byproceedings where such information has been properly subpoenaed, any non-public information concerning
CONSULT
ANT
(^) or any sub-consultants
(^) or subcontractors pursuant to this
Agreement.
(^) CONSULT
(^) ANT (^) shall require all
(^) of (^) its employees, sub-consultants and subcontractors to
(^) comply
with the provisions
(^) of (^) this paragraph.
CONSULTANT
TO
REPAIR
PROPERTY
DAMAGE
CAUSED
BY
THE
CONSULTANT
CONSUL
TANT
(^) agrees to promptly repair and/or replace, or cause to have repaired and/or replaced, at
its sole cost and expense and in a manner acceptable to and approved by the
COUNTY,
(^) any property
(^) damage
arising out of,
(^) or (^) caused by, the willful
(^) or (^) negligent acts
(^) of (^) the (^) CONSUL (^) TANT, (^) or (^) of (^) its sub-consultants and/or
subcontractors.
(^) This (^) CONSULTANT'S
(^) obligation under this
(^) sub-aiiicle (^) does not apply to property
(^) damage
caused by any other Consultant
(^) or (^) Contractor engaged directly by the
COUNTY.
The COUNTY (^) reserves the
(^) right, (^) should the
(^) CONSUL TANT (^) fail (^) to make (^) such (^) repairs (^) and/or
replacement within a reasonable period
(^) of (^) time, to cause such repairs and/or replacement to be made by others
the (^) CONSULTand for all costs and expenses associated with having such repairs and/or replacement done to be paid for by
ANT, (^) or (^) by the (^) CONSULT
ANT (^) reimbursing the
COUNTY
(^) for all such costs and expenses.
RESPONSIBILITY
FOR
ESTIMATES
In the event the services required pursuant to this
(^) Agreement
(^) include the
(^) CONSULT
ANT
preparing and submitting cost estimates to the
COUNTY,
(^) the (^) CONSUL TANT, (^) by exercise
(^) of their
experience, effort, knowledge and judgment, shall develop such cost estimates as are set forth in,
(^) or (^) as
may be required under the Agreement. Any opinions
(^) or (^) estimates
(^) of (^) probable construction costs to be
provided under this
(^) Agreement
(^) by the (^) CONSULT
ANT (^) are to be made
(^) or reviewed on the basis
(^) of
CONSULTANT'S
(^) experience and qualifications and represent the
CONSULTANT'S
(^) judgment (^) as an
experienced
(^) and (^) qualified (^) professional,
(^) familiar (^) generally (^) with (^) the (^) construction
(^) industry. (^) The
COUNTY
(^) agrees that the
(^) CONSUL TANT (^) has no control over the cost
(^) of (^) labor, materials, equipment
or services furnished by others
(^) or control (^) over (^) competitive bidding
(^) or market conditions,
(^) nor (^) the
Contractor's methods
(^) of (^) determining prices. Therefore
CONSUL
TANT
(^) cannot (^) and does not guarantee
that proposals, bids
(^) or actual final construction costs will not vary from the opinions
(^) or estimates
prepared (^) or (^) reviewed by the
CONSULTANT.
COUNTY
(^) may choose to employ an independent cost
estimator in order to achieve greater assurance
(^) of (^) actual construction costs.
The^ PERMITS (^) CONSUL (^) TANT (^) will be responsible for preparing and submitting all required applications and
other supportive information necessary to assist the
COUNTY
(^) in obtaining all reviews, approvals and permits,
with respect to the
CONSULT
ANT'S design, drawings and specifications required by any governmental body
having authority over the project.
(^) Any (^) fees required for such reviews, approvals
(^) or (^) permits will be
(^) covered
by a check issued by the
COUNTY
(^) and··made payable to the respective governmental
(^) body upon the
CONSUL
TANT
(^) furnishing the
(^) COUNTY (^) satisfactory documentation
(^) of (^) such fees. The
CONSUL
TANT
(^) will
be (^) similarly
(^) responsible
(^) for (^) preparing (^) and (^) submitting
(^) all required (^) applications
(^) and (^) other (^) supportive
information necessary to
(^) assist the (^) COUNTY
(^) in obtaining any
(^) renewals (^) and/or extensions
(^) of reviews,
approvals (^) or permits (^) that (^) may (^) be required while this
(^) Agreement
(^) is in effect.
(^) The (^) COUNTY (^) shall, (^) at the
Page 8
DESIGNATION
OF
PROJECT
MANAGER
The COUNTY (^) agrees after the execution
(^) of (^) this Agreement to promptly advise the
CONSUL
TANT,
in writing, (^) of (^) the person designated to serve and act as the
COUNTY'S
PROJECT
MANAGER
(^) pursuant to
the provisions
(^) of (^) Article 2.
(^) of (^) this Agreement.
(^) Such notification shall be provided to the
CONSUL
TANT
by (^) the COUNTY'S
DEPARTMENT
DIRECTOR.
AVAILABILITY
OF
COUNTY
INFORMATION
PROJECT
GUIDELINES
AND
CRITERIA
Guidelines to the
CONSUL
TANT
(^) regarding requirements the
COUNTY
(^) has established
(^) or (^) suggests
special financial,relative to the Project including, but not limited to such items as: goals, objectives, constraints, and any
(^) budgeting, space, site, operational, equipment, technical, construction, time and
scheduling criteria are set forth in attached
EXHIBIT
(^) "E", entitled "PROJECT GUIDELINES
AND
(2) CRITERIA".
COUNTY
TO
PROVIDE
PERTINENT
REFERENCE
MATERIAL
At (^) the (^) CONSULTANT'S
(^) request, the
(^) COUNTY (^) agrees to provide to the
CONSUL
TANT, at no cost
to the (^) CONSUL (^) TANT, all pertinent information known to be available to the
COUNTY
(^) to assist the
CONSULTANT
(^) in providing and performing the required professional services.
(^) Such information
survey data; data prepared or services furnished by others to theboundary, easement, right-of-way, topographic, reference monuments, control points, plats and relatedmay include, but not be limited to: previous reports; plans, drawings and specifications; maps; property,
COUNTY
(^) such as sub-surface
investigations, laboratory tests, inspections
(^) of natural and man-made materials, property appraisals,
studies, designs and reports.
AVAILABILITY
OF COUNTY'S
DESIGNATED
REPRESENTATIVES
The COUNTY (^) agrees that the
(^) DEPARTMENT
DIRECTOR
(^) and the (^) PROJECT (^) MANAGER
(^) shall be
available within a reasonable period
(^) of (^) time, with reasonable prior notice given by the
CONSUL
TANT, to
meet and/or consult with the
CONSULT
ANT
(^) on matters pertaining to the services to be provided and
performed by the
CONSUL
TANT.
(^) The (^) COUNTY (^) further agrees to respond within a reasonable period
(^) of
time to written requests submitted by the
CONSULT
ANT.
ACCESS
TO
COUNTY
PROPERTY
The COUNTY (^) agrees, with reasonable prior written notice given by the
CONSUL
TANT, to provide
the (^) CONSUL
(^) TANT (^) with access within a reasonable period
(^) of (^) time to (^) COUNTY (^) property, facilities, buildings
and structures to enable the
CONSULT
ANT
(^) to provide and perform the required professional services and
work (^) pursuant to this Agreement.
(^) Such rights
(^) of (^) access shall not be exercised in such a manner or to such an
extent as to impede or interfere with
COUNTY
(^) operations,
(^) or (^) the operations carried on by others under a lease,
or other contractual arrangement with the COUNTY, or
(^) in (^) such a manner as to adversely affect the public
health and safety.
(^) Such access may,
(^) or (^) may not be, within the
CONSULTANT'S
(^) normal office and/or field
work (^) days and/or
(^) work (^) hours.
ARTICLE 5.00 - COMPENSATION AND METHOD OF PAYMENT
BASIC
SERVICES
The (^) COUNTY (^) will pay the
(^) CONSULTANT
(^) for all requested and authorized
BASIC
SERVICES
Page 10
rendered hereunder by the CONSUL
TANT
(^) and completed
(^) in (^) accordance with the requirements, provisions,
and/or terms
(^) of this Agreement and accepted by the COUNTY in accordance with the provisions for
compensation and payment
(^) of (^) said BASIC SERVICES as set
(^) fo11h (^) and prescribed in attached EXHIBIT
(^) tlBtl,
or on the basis
(^) of (^) such changes to the established compensation as may be mutually agreed to by both
(^) pa11ies
5.02to this Agreement and evidenced by a written and duly approved Change Order. (^) ADDITIONAL SERVICES
rendered as ADDITIONAL SERVICESauthorized by the COUNTY and agreed to, in writing, by both parties to this Agreement and which have beenThe COUNTY will pay the CONSULTANT for all ADDITIONAL SERVICES that have been requested and
(^) by the CONSULTANT and completed in accordance with the
requirements, provisions, and/or terms
(^) of (^) this Agreement and accepted by the COUNTY
(^) in (^) accordance with
the provisions for compensation and payment
(^) of (^) said ADDITIONAL SERVICES as set
(^) fo11h (^) and prescribed
in attached EXHIBIT
(^) tlB (^) ti (^) or on the basis
(^) of (^) such changes to the established compensation as may be mutually
5.03 Authorization executed by both parties.agreed to by both parties to this Agreement as evidenced by a written Change Order or Supplemental Task (1)^ METHOD OF PAYMENT MONTHLY STATEMENTS
The CONSUL
(^) TANT (^) is entitled to submit no more than one invoice statement to the COUNTY each
calendar (^) month (^) covering (^) services (^) rendered (^) during (^) the (^) preceding
(^) calendar (^) month.
The
CONSULTANT'S invoice statements must be itemized to correspond to the basis
(^) of (^) compensation as
set (^) fo11h (^) in (^) the Agreement, CHANGE ORDERS, or SUPPLEMENTAL
TASK
AUTHORIZATIONS.
The CONSULTANT'S invoice statements must contain a breakdown
(^) of (^) charges, description
(^) of (^) services
and work provided and/or performed, and where appropriate, suppo11ive documentation
(^) of charges
consistent with the basis
(^) of compensation set
(^) fo11h (^) in the Agreement, CHANGE ORDERS, and/or
(2) SUPPLEMENTAL TASK AUTHORIZATIONS.
PAYMENT
FOR
SERVICES PERFORMED
The COUNTY shall pay the CONSUL
(^) TANT for services performed using either
(^) of the following
methods, or using a combination thereof: (A) The COUNTY shall pay the CONSUL
TANT
(^) on the basis
(^) of services completed for
tasks set forth in Exhibits
(^) tlAtl (^) and (^) tlBtl, (^) as evidenced by work products such as reports,
drawings, specifications, etc., submitted by the CONSUL
TANT
(^) and accepted by the
COUNTY.
(^) No payments shall be made for CONSULTANT'S Work-in-Progress until
service items for which payment amounts have been established and set
(^) fo11h (^) in this
Agreement (^) have (^) been (^) completed
(^) by (^) the (^) CONSULT
ANT (^) and (^) accepted (^) by (^) the
COUNTY.
(^) Whenever an invoice statement covers services for which no work product
is (^) required to be furnished by the CONSUL
TANT
(^) to the COUNTY, the COUNTY
reserves the right to retain five percent (5%)
(^) of (^) the amount invoiced until such service
requirements are fully completed.
(B)
The COUNTY shall pay the CONSULTANT for services performed for tasks set
(^) fo11h
in Exhibits (^) tlAtl (^) and (^) tlB (^) ti (^) on the basis
(^) of (^) an invoice statement covering CONSULTANT'S
Work-in-Progress expressed as a percentage
(^) of (^) the total cost
(^) of (^) the service and/or work
are subject to the review and approvalrequired for each task invoiced in this manner. All such Work-in-Progress percentages
(^) of (^) the COUNTY. The decision
(^) of (^) the COUNTY
shall be final as to the Work-in-Progress percentages paid.
(^) Payment by the COUNTY
for tasks on a Work-in-Progress percentage basis shall not be deemed
(^) or (^) interpreted in
Page (^11)
6.01 ARTICLE 6.00 - TIME AND SCHEDULE OF PERFORMANCE terminated, suspended, eliminated, cancelled or decreased.
NOTICE TO PROCEED
Following the award
(^) of (^) this Solicitation to the CONSUL
TANT
(^) by the Lee County Board
(^) of (^) County
Commissioners, and after the
CONSULT
ANT
(^) has (^) complied with the
(^) insurance (^) requirements
(^) set fo1ih
hereinafter, the COUNTY shall issue the CONSULTANT a WRITTEN NOTICE TO PROCEED.
(^) Following
the issuance
(^) of (^) such NOTICE TO PROCEED the CONSUL
TANT
(^) shall be authorized to commence work and
the CONSULT
ANT (^) thereafter shall commence work promptly and shall carry on all such services and work
as may be required in a timely and diligent manner to completion.
TIME OF PERFORMANCE
The (^) CONSULT
ANT agrees to complete the services required pursuant to this Agreement within the
time periods for completion
(^) of (^) the various phases and/or tasks
(^) of (^) the project services set f01ih and described
in (^) this (^) Agreement,
(^) as set forth (^) in attached (^) EXHIBIT (^) "C", (^) entitled (^) "TIME (^) AND (^) SCHEDULE
(^) OF
Should the CONSULTANT be obstructedPERFORMANCE."
(^) or (^) delayed in the prosecution or completion
(^) of (^) its obligations under
this Agreement as a result
(^) of (^) causes beyond the control
(^) of (^) the CONSULTANT, or its sub-consultants and/or
subcontractors, and not due to their fault or neglect, the CONSUL
(^) TANT shall notify the COUNTY,
(^) in (^) writing,
within five (^) (5) calendar days after the commencement
(^) of (^) such delay, stating the cause thereof and requesting
an extension
(^) of (^) the CONSULTANT'S time
(^) of (^) performance.
(^) Upon receipt
(^) of (^) the CONSULTANT'S request
for an extension
(^) of time, the COUNTY shall grant the extension
(^) if (^) the COUNTY determines the delay
encountered by the CONSUL
(^) TANT, or its sub-consultants and/or subcontractors,
(^) is (^) due to unforeseen causes
6.03 and not attributable to their fault or neglect. The^ CONSULTANT WORI( SCHEDULE (^) CONSUL (^) TANT (^) is required (^) to prepare (^) and (^) submit to
(^) the (^) COUNTY,
(^) on (^) a monthly (^) basis
commencing with the issuance
(^) of the NOTICE TO PROCEED, a CONSULTANT'S WORK SCHEDULE.
The WORK SCHEDULE must set forth the time and manpower scheduled for all
(^) of (^) the various phases and/or
tasks required to provide, perform and complete all
(^) of (^) the services and work required for completion
(^) of the
various phases and/or tasks
(^) of the project services as set forth
(^) in EXHIBIT "C" in such a manner that the
CONSULTANT'S planned and actual work progress can be readily determined.
(^) The CONSULTANT'S
WORK
SCHEDULE
(^) of (^) planned (^) and (^) actual (^) work (^) progress (^) must (^) be (^) updated (^) and (^) submitted (^) by (^) the
CONSUL
TANT
(^) to the COUNTY on a monthly basis.
FAIL
URE TO PERFORM IN A TIMELY MANNER
Should the CONSULT
ANT
(^) fail to commence, provide, perform and/or complete any
(^) of (^) the services
and work required pursuant to this Agreement
(^) in (^) a timely and diligent manner, the
COUNTY
(^) may consider
such failure as justifiable cause to terminate this Agreement.
(^) As an alternative to termination, the COUNTY
at its option, may, upon written notice to the CONSUL
(^) TANT, withhold any
(^) or (^) all payments due and owing to
the CONSULTANT, not to exceed the amount
(^) of (^) the compensation for the work in dispute, until such time as
the CONSULT
ANT
(^) resumes performance
(^) of (^) his obligations in such a manner as to get back on schedule in
accordance with the time and schedule
(^) of performance requirements set forth in this Agreement, or any Page (^13)
ARTICLE 7.00 - SECURING AGREEMENT CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS issued thereto. The CONSUL
(^) TANT warrants that the CONSULTANT has not employed or retained any company or
or firm other than a bona fide employee working solely for the CONSULTANT any fee,this Agreement and that the CONSULTANT has not paid or agreed to pay any person, company, corporationperson other than a bona fide, regular, full time employee working for the CONSULTANT to solicit or secure
(^) commission,
percentage, gift or any other consideration contingent upon or resulting from the award or making
(^) of this
ARTICLE 8.00 - CONFLICT OF INTEREST Agreement. The CONSUL
TANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict
(^) in (^) any manner with the performance
(^) of (^) services required hereunder.
The CONSUL
(^) TANT further agrees that no person having any such interest shall be employed or engaged by
the CONSUL
(^) TANT for said performance.
If (^) CONSULTANT, for itself and on behalf
(^) of (^) its subconsultants,
(^) is (^) about to engage in representing
another client, which it
(^) in good faith believes could result
(^) in a conflict (^) of interest with the work being
performed by CONSULTANT or such sub-consultant under this Agreement, then
(^) it (^) will promptly bring such
potential (^) conflict (^) of interest to (^) the (^) COUNTY'S
(^) attention, (^) in writing. (^) The (^) COUNTY
(^) will (^) advise the
CONSULTANT,
(^) in (^) writing, within ten (10) calendar days as to the period
(^) of (^) time required by the COUNTY
to determine
(^) if (^) such a conflict
(^) of (^) interest exists. However,
(^) if (^) day ten (^) (I (^) 0) falls on a Saturday, Sunday, or Lee
If (^) the COUNTY determines that thereCounty recognized holiday, the deadline shall fall to the next Monday or non-Lee County recognized holiday.
(^) is (^) a conflict
(^) of (^) interest, CONSUL
(^) TANT or such sub-consultant shall
decline the representation upon written notice by the COUNTY. If (^) the COUNTY determines that there
(^) is (^) not such conflict
(^) of (^) interest, then the COUNTY shall give its
written consent to such representation.
(^) If CONSULT ANT (^) or sub-consultant accepts such a representation
without obtaining the COUNTY'S prior written consent, and
(^) if (^) the COUNTY subsequently determines that
there (^) is (^) a conflict
(^) of (^) interest between such representation and the work being performed by CONSUL
TANT
or such sub-consultant under this Agreement, then the CONSUL
TANT or such sub-consultant agrees to
promptly terminate such representation. CONSUL
(^) TANT shall require each
(^) of (^) such sub-consultants to comply
with the provisions
(^) of (^) this Section.
Should the (^) CONSULTANT fail
(^) to advise (^) or notify the
(^) COUNTY as
(^) provided (^) hereinabove
(^) of
representation which could, or does, result in a conflict
(^) of interest, or should the CONSUL
(^) TANT fail to
ARTICLE 9.00 - ASSIGNMENT, TRANSFER AND SUBCONTRACTS Agreement.discontinue such representation, the COUNTY may consider such failure as justifiable cause to terminate this The provisions
(^) of this Agreement shall inure to the benefit
(^) of and be binding upon the respective
successors and assignees
(^) of (^) the parties hereto. A party to this Agreement shall not sell, transfer, assign, license,
restructuring, altering or changing its corporate structurecharge or encumber any right or obligation under this Agreement without the proposed assignee and/or partyfranchise, restructure, alter, or change its corporate structure or otherwise part with possession or mortgage,
(^) agreeing (^) in (^) writing with the non-assigning party to
observe and perform the terms, conditions and restrictions on the part
(^) of (^) the assigning party to this Agreement,
Page 14
ARTICLE 12.
- WAIYER OF BREACH
Waiver (^) by either party
(^) of a breach (^) of any provision
(^) of this Agreement (^) shall not be
(^) deemed (^) to be a
waiver (^) of (^) any (^) other breach and shall not be construed to be a modification
(^) of (^) the terms
(^) of (^) this (^) Agreement.
ARTICLE 13.
- INSURANCE
(^) INSURANCE
(^) COVERAGE
(^) TO (^) BE (^) OBTAINED
(1) The CONSUL (^) TANT (^) shall obtain
(^) and (^) maintain (^) such (^) insurance as will
(^) protect (^) him from: (^) (1) (^) claims
under workers' compensation laws, disability benefit laws, or other similar
(^) employee (^) benefit laws; (2)
claims for damages because
(^) of (^) bodily injury, occupational sickness
(^) or (^) disease or death
(^) of (^) his (^) employees
including claims insured by usual personal injury liability coverage; (3) claims for
(^) damages (^) because (^) of
bodily injury, sickness
(^) or (^) disease, (^) or death (^) of (^) any (^) person (^) other (^) than (^) his employees (^) including claims
insured by usual personal injury liability coverage; and, (4) from
(^) claims (^) for injury to
(^) or (^) destruction
(^) of
tangible property including loss
(^) of (^) use resulting therefrom; any
(^) or (^) all (^) of (^) which (^) claims (^) may (^) arise (^) out (^) of,
or (^) result from, the services,
(^) work (^) and operations carried
(^) out (^) pursuant (^) to and under the requirements
(^) of
this Agreement, whether
(^) such (^) services, (^) work (^) and operations be by the
(^) CONSUL TANT, (^) its employees,
or (^) by any sub-consultants, subcontractors,
(^) or (^) anyone (^) employed (^) by or (^) under the supervision
(^) of (^) any (^) of
them, (^) or (^) for (^) whose (^) acts any (^) of (^) them (^) may be legally liable.
(2) The insurance protection set
(^) fo11h (^) hereinabove shall be obtained and written for not less
(^) than (^) the limits
of (^) liability specified hereinafter,
(^) or (^) as required
(^) by law, whichever is greater.
(3) The CONSUL TANT, (^) throughout
(^) the time this
(^) Agreement
(^) is in effect, shall require and
(^) ensure (^) that (^) any
and all of (^) its (^) Sub-Consultants
(^) and/or (^) Subcontractors
(^) obtain, (^) have, (^) and (^) maintain (^) the (^) insurance
coverage's (^) required by law to be provided.
(4) The (^) CONSUL TANT (^) shall obtain, have and maintain during the entire period
(^) of this Agreement (^) all
such (^) insurance policies as are set
(^) fo11h (^) and required herein.
(5) In the (^) event that the
(^) CONSUL (^) TANT (^) engages (^) Sub-Consultants
(^) or Sub-Contractors to
(^) assist the
CONSULT
ANT (^) in providing (^) or performing (^) services (^) or work (^) pursuant (^) to the requirements
(^) of this
Agreement,
(^) the (^) insurance (^) coverage's
(^) required (^) under (^) Article (^) 13. (^) to be provided (^) by (^) the
CONSUL TANT (^) shall (^) cover (^) all of (^) the services
(^) or work (^) to be (^) provided (^) or performed (^) by all (^) of the
Sub-Consultants
(^) or SubContractors
(^) engaged (^) by the (^) CONSUL TANT. (^) However,
(^) in the (^) event (^) the
services (^) or (^) work (^) of (^) Sub-Consultants
(^) or (^) Sub-Contractors engaged by the
(^) CONSUL TANT (^) is (^) not (^) covered
by the CONSULTANT'S
(^) INSURANCE
(^) POLICY(s),
(^) it shall (^) be (^) the (^) responsibility
(^) of (^) the
CONSULT
ANT (^) to ensure that all Sub-Consultants
(^) or Sub-Contractors have fully
(^) complied (^) with the
COUNTY (^) insurance requirements for: (1) Worker's Compensation; (2)
(^) Commercial
(^) General Liability;
(3) Commercial
(^) Automobile
(^) Liability; or,
(^) (4) (^) Professional Liability as
(^) required (^) and (^) set (^) forth (^) in
Agreement (^) Article (^13) .00.
The (^) services (^) or work (^) to be provided
(^) or performed (^) by the following Sub-Consultants
(^) or Sub-Contractors
identified in
(^) Agreement
(^) Exhibit (^) "D" are (^) exempted (^) and excluded from the Professional Liability insurance
Service coverage requirements set forth in this Agreement: (^) and/or (^) work (^) to (^) be
Indicate (^) Name Page (^) of (^16)
Provided and/or Performed
Individual or Firm
NONE
The insurance (^) coverage to be
(^) obtained (^) by the (^) CONSUL (^) TANT (^) or by (^) Sub-Consultants
(^) or Sub-
Compensation; (2) Comprehensive General Liability; (3) Comprehensive Automobile Liability;Contractors engaged by the CONSULTANT, as set forth in Agreement Article 13.03 for: (1) Workers'
(^) or (^) (4)
Professional Liability
(^) is (^) understood and agreed to cover any and all
(^) of (^) the services
(^) or (^) work set forth in
Agreement Exhibit "A" and all subsequent Change Orders or Supplemental Task Authorizations.
(^) In
the event the COUNTY shall execute and issue a written Change Order or Supplemental
(^) Task
Authorization authorizing the CONSUL
TANT
(^) to provide or perform services or work
(^) in (^) addition to
those set (^) fo11h (^) in (^) Agreement Exhibit "A", it
(^) is (^) agreed that the COUNTY has the right to change the
amount (^) of insurance coverage's required to cover the additional services or work.
(^) If (^) the additional
insurance (^) coverage's
(^) established
(^) exceeds (^) the (^) amount (^) of (^) insurance (^) coverage (^) carried (^) by (^) the
CONSUL
TANT,
(^) the (^) compensation
(^) established
(^) for (^) the (^) Change (^) Order (^) or Supplemental
(^) Task
Authorization
(^) shall (^) include (^) consideration
(^) of (^) any (^) increased
(^) premium (^) cost (^) incurred (^) by (^) the
CONSULTANT to obtain same.
(1) 13.02CONSULTANT REQUIRED TO FILE INSURANCE CERTIFICATE(S)
The CONSULTANT shall submit to the
PROCUREMENT
MANAGEMENT
DEPARTMENT
(^) for
requirements.required under this Agreement for review and approval with respect to compliance with the insurancereview by the COUNTY'S RISK MANAGEMENT DIVISION all insurance ce11ificates which are
All such (^) insurance certificates shall
(^) be in a form and underwritten by an insurance company(s)
acceptable to the COUNTY and licensed
(^) in (^) the State
(^) of (^) Florida.
Each Ce11ificate
(^) of (^) Insurance submitted to the
COUNTY
(^) shall be an original and shall be executed by
an authorized representative
(^) of (^) the insurance company affording coverage.
Each Certificate
(^) of (^) Insurance shall
(^) be addressed to the Lee County Board
(^) of (^) County Commissioners,
Attention: (^) Lee County Procurement Management, P O Box 398, Fort Myers, Florida 33902-0398.
Each Ce11ificate
(^) oflnsurance
(^) shall specifically include all
(^) of (^) the following:
(A)
The name and type
(^) of (^) policy and coverage's provided; and
(B)
The amount or limit applicable to each coverage provided and the deductible amount,
(^) if (^) any,
applicable to each type
(^) of (^) insurance coverage being provided; and
(C)
The date (^) of (^) expiration
(^) of (^) coverage; and
(D)
The designation
(^) of the Lee County Board
(^) of County Commissioners both as an additional
insured and as a certificate holder.
(^) (This requirement is excepted for Professional Liability
Insurance and for Workers' Compensation Insurance); and
(E)
"A" ScopeA statement indicating any services or work included in or required under Agreement Exhibit (^) of Professional Services that is specifically excluded or exempted from coverage
Page (^17)
contract;construction contractor; or, (2) the time for completing the work as required and agreed to in the construction (^) or, (^) (3) (^) the (^) scope (^) of the work set forth
(^) in the (^) construction contract documents,
(^) unless (^) such
representation
(^) is (^) specifically provided for, set
(^) fo11h (^) and authorized in this Agreement or thereto.
The COUNTY will neither assume nor accept any obligation, commitment, responsibility or liability
which may result from representation by the CONSUL
(^) TANT not specifically provided for and authorized as
ARTICLE 16.00 - OWNERSHIP OF DOCUMENTS stated hereinabove. All documents such as drawings, tracings, notes, computer files, photographs, plans, specifications,
specifically prepared or developed by the CONSULTmaps, evaluations, reports and other records and data relating to this project, other than working papers,
ANT
(^) under this Agreement shall be property
(^) of the
required to produce such documents.CONSULTANT until the CONSULTANT has been paid for providing and performing the services and work Upon completion or termination
(^) of (^) this Agreement, or upon the issuance by the COUNTY
(^) of (^) a written
Change Order deleting all or portions
(^) of (^) the scope
(^) of services or task(s) to be provided or performed by the
CONSULTANT, all
(^) of the above documents, to the extent requested in writing by the COUNTY, shall be
delivered by the CONSULTANT to the COUNTY within seven (7) calendar days
(^) of (^) the COUNTY making
such a request.
(^) In the event the COUNTY gives the CONSUL
TANT a written Notice
(^) of (^) Termination
(^) of (^) all or
part of (^) the services or work required, or upon the issuance to the CONSULTANT by the COUNTY
(^) of (^) a written
Change Order deleting all or
(^) pai (^) of (^) the services or work required, the CONSUL
TANT shall deliver to the
by the COUNTY that compensation earned or owing to the CONSULCOUNTY the requested documents as set forth hereinabove, with the mutual understanding and commitment
TANT for services or work provided or
performed by the CONSUL
TANT prior to the effective date
(^) of (^) any such termination or deletion will be paid
to the CONSULTANT within thirty (30) calendar days
(^) of (^) the date (^) of (^) issuance
(^) of (^) the Notice
(^) of (^) Termination or
Change Order.
(^) If (^) either (^) of (^) these time periods end on a Saturday, Sunday, or Lee County recognized holiday,
the deadline for that individual period shall fall to the next Monday or non-Lee County recognized holiday. The CONSUL
(^) TANT, at its expense, may make and retain copies
(^) of all documents delivered to the
COUNTY for reference and internal use.
(^) The CONSUL
TANT shall not, and agrees not to; use any
(^) of (^) these
prior expressed written permissiondocuments, and data and information contained therein on any other project or for any other client without the
(^) of (^) the COUNTY.
Any use by the COUNTY
(^) of (^) said documents, and data and information contained therein, obtained by the
COUNTY under the provisions
(^) of (^) this Agreement for any purpose not within the scope
(^) of (^) this Agreement shall
be at the risk
(^) of (^) the COUNTY, and without liability to the CONSUL
TANT.
ARTICLE 17.00 - MAINTENANCE OF RECORDS
The CONSULTANT
(^) will (^) keep (^) and (^) maintain (^) adequate (^) records (^) and (^) supporting
(^) documentation
applicable to all
(^) of the services, work, information, expense, costs, invoices and materials provided and
performed pursuant to the requirements
(^) of (^) this Agreement.
(^) Said records and documentation will be retained
by the CONSULTANT for a minimum
(^) of (^) five (5) years from the date
(^) of (^) termination
(^) of (^) this Agreement.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit,
periodinspect and copy all such records and documentation as often as the COUNTY deems necessary during the (^) of (^) this Agreement, and during the period five (5) years thereafter; provided, however, such activity shall
be conducted only during normal business hours and at the expense
(^) of the COUNTY, and provided further
Page (^19)
that to the extent provided by law the COUNTY shall retain all such records confidential. CONSULTANT
(^) specifically acknowledges its obligations to comply with §119.0701, F.S. , with regard
to public records, and shall:
- (^) keep and maintain public records that ordinarily and necessarily would be required by the
COUNTY
in (^) order to perform the services required under this Agreement;
upon request from the County, 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 Chapter 119 Florida Statutes or as otherwise provided by law;
requirements are not disclosed, except as authorized by law; andensure that public records that are exempt or confidential and exempt from public records disclosure
recordsmeet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public (^) in (^) possession
(^) of (^) CONSUL
(^) TANT (^) upon termination
(^) of (^) this Agreement and destroy any duplicate
All records stored electronically mustpublic records that are exempt or confidential and exempt from public records disclosure requirements.
(^) be (^) provided to the
COUNTY
(^) in a format that
(^) is (^) compatible with
the information technology system
(^) of (^) the COUNTY.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
FORTCUSTODIAN OF PUBLIC RECORDS AT 239-533-2221, 2115 SECOND STREET,PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THEOF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
MYERS,
FL
PRRCustodian@leegov.com
ARTICLEhttp://www.leegov.com/publicrecords.
The HEADINGS (^18) .00 - HEADINGS
(^) of (^) the Articles, Sections, Exhibits, Attachments, Phases or Tasks as contained
(^) in (^) this
Agreement are for the purpose
(^) of convenience only and shall not be deemed to expand, limit or change the
provisions contained
(^) in (^) such (^) 'Articles, (^) Sections, Exhibits, Attachments, Phases or Tasks.
ARTICLE
19.00-ENTIRE
AGREEMENT
This (^) Agreement,
(^) including (^) referenced
(^) Exhibits (^) and (^) Attachments
(^) hereto, (^) constitutes
(^) the (^) entire
understandings shall have no force or effect whatever on this Agreement.understandings, written or oral , relating to the matters set forth herein, and any such prior agreements orAgreement between the parties hereto and shall supersede , replace and nullify any and all prior agreements or The following (^) listed (^) documents,
(^) which (^) are (^) referred (^) to hereinbefore,
(^) are (^) attached (^) to and are
acknowledged, understood and agreed to be an integral part
(^) of (^) this Agreement:
EXHIBIT "A" entitled
(^) "Scope (^) of (^) Professional Services".
EXHIBIT
"B"
(^) entitled (^) "Compensation and
(^) Method (^) of Payment".
EXHIBIT "C" entitled "Time and Schedule
(^) of (^) Performance".
EXHIBIT
"D"
(^) entitled (^) "Consultant's Associated Sub-Consultants
(^) and (^) Subcontractors".
Page 20
