HomeMy WebLinkAboutAgreementAGREEMENT
Between
BROWARD COUNTY
and
THE GORDIAN ASSOCIATES, INC.
for
CONSULTANT SERVICES FOR
JOB ORDER CONTRACTING (JOC) SOLUTION
RLI NO, 20030617-0-FC-01
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS ..... .... .,1
2 PREAMBLE..................................................................................... ..........
3 SCOPE OF SERVICES ,....................... ............. 3
4 TERM AND TIME OF PERFORMANCE......,. 4
5 COMPENSATION AND METHOD OF PAYMENT .......... ,... ,....... ... 4
6 CHANGES IN SCOPE OF SERVICES; ADDITIONAL
AND OPTIONAL SERVICES.... . ., 7
7 COUNTY'S RESPONSIBILITIES.................,..,............................................., ... 9
8 CONSULTANT'S AUTOMATION STANDARDS ....,... 10
9 MISCELLANEOUS .................. ........11
EXHIBIT "A" SCOPE OF SERVICES
EXHIBIT "B" LABOR RATES
EXHIBIT "C" SCHEDULE OF M/WBE PARTICIPATION
The Gordian Associates
AGREEMENT
Between
BROWARD COUNTY
and
THE GORDIAN ASSOCIATES, INC.
for
CONSULTANT SERVICES FOR
JOB ORDER CONTRACTING (JOC) SOLUTION
This is an Agreement between: BROWARD COUNTY, a political subdivision of
the State of Florida, its successors and assigns, acting by and through its Board of
County Commissioners, hereinafter referred to as "COUNTY,"
AND
THE GORDIAN ASSOCIATES, INC., a foreign corporation authorized to conduct
business in Florida, hereinafter referred to as "CONSULTANT."
WITNESS ET H, in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, COUNTY and CONSULTANT
agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms
and provisions which follow, the definitions and identifications set forth below are
assumed to be true and correct and are agreed upon by the parties
1.1 Agreement: means this document, Articles 1 through 9, inclusive.. Other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board: The Broward County Board of County Commissioners.
1.3 CONSULTANT: The consulting firm selected to perform the services pursuant to
this Agreement.
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1.4 Contract Administrator: The Broward County Administrator, the Director of the
Broward County Department of Public Works and Transportation, or the
designee of such County Administrator or Director. The primary responsibilities
of the Contract Administrator are to coordinate and communicate with
CONSULTANT and to manage and supervise execution and completion of the
Scope of Services and the terms and conditions of this Agreement as set forth
herein. In the administration of this Agreement, as contrasted with matters of
policy, all parties may rely on the instructions or determinations made by the
Contract Administrator; provided, however, that such instructions and
determinations do not change the Scope of Services.
1.5 Contractor: The person, firm, corporation, or other entity who utilizes, or
responds to Job Orders issued through, the Job Order Contracting Solution..
1.6 County Administrator: The administrative head of COUNTY pursuant to
Sections 3.02 and 3.03 of the Broward County Charter.
1.7 County Attorney: The chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the
Broward County Charter.
1.8 Job Order Contracting (JOC): A firm, fixed price, competitively bid, indefinite
quantity type contract designed to accomplish small to medium, multi -traded
maintenance, repair, and minor new construction projects based on a pre-
established Construction Task Catalog®.
1.9 Notice To Proceed: A written notice to proceed with the Project issued by the
Contract Administrator.
1.10 Project: A job order contracting solution as more fully described in Article 3.
1.11 Minority/Women Business Enterprise ("M/WBE"): Shall be defined as those
programs established for small, minority, women -owned, or disadvantaged
business enterprise under criteria and eligibility requirements of the Broward
County Business Opportunity Act of 2004 (hereafter "Act"), as codified in the
Broward County Code of Ordinances at Sections 20-275, et seq., as amended.
The phrases "Small Business Enterprise" (SBE), "Minority Business Enterprise"
(MBE), "Disadvantaged Business Enterprise" (DBE), or "Women Business
Enterprise" (WBE) shall be construed by reference to the Act.
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ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties hereto, the following statements, representations and explanations shall be
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements of
the mutual considerations upon which this Agreement is based..
2.1 COUNTY has budgeted funds for the Project.
This Project is funded with County funds.
2..2 CONSULTANT responded to RLI No. 20030617-0-FC-01 and the Board has
selected CONSULTANT to perform the services hereunder,
2.3 Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and a committee selected by the Board, and
this Agreement incorporates the results of such negotiations..
ARTICLE 3
SCOPE OF SERVICES
3.1 CONSULTANT's services shall consist of the services set forth in Exhibit "A",
attached hereto and made a part hereof, and shall include the provision of
consulting services to develop, implement, and provide on -going support for a
COUNTY Job Order Contracting program. CONSULTANT shall provide all
services as set forth in Exhibit "A", including all necessary, incidental, and related
activities required by the Scope of Services.
3.2 CONSULTANT acknowledges and agrees that the Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify
the Scope of Services to be provided under this Agreement, except as expressly
authorized by the Broward County Procurement Code (Chapter 21 of the
Broward County Administrative Code).
3.3 CONSULTANT and COUNTY acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by
CONSULTANT to complete the Projectlf, during the course of the performance
of the services included in this Agreement, CONSULTANT determines that work
should be performed to complete the Project which is in the CONSULTANT's
opinion outside the level of effort originally anticipated, whether or not the Scope
of Services identifies the work items, CONSULTANT shall notify Contract
Administrator in writing in a timely manner before proceeding with the work. If
CONSULTANT proceeds with said work without notifying the Contract
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Administrator, said work shall be deemed to be within the original level of effort,
whether or not specifically addressed in the Scope of Services. Notice to
Contract Administrator does not constitute authorization or approval by COUNTY
to perform the work. Performance of work by CONSULTANT outside the
originally anticipated level of effort without prior written COUNTY approval is at
CONSULTANT's sole risk.
ARTICLE 4
TERM AND TIME FOR PERFORMANCE
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end on September 30, 2009. This Agreement may be renewed,
at the sole option of COUNTY's Director of Purchasing, for two (2) additional one
(1) year term, provided all other terms and conditions remain the same. If the
term of this Agreement extends beyond a single fiscal year of COUNTY, the
continuation of this Agreement beyond the end of any fiscal year shall be subject
to the appropriation and availability of funds in accordance with Chapter 129,
Florida Statutes.
4.2 CONSULTANT shall perform the services described in Exhibit "A" within the time
periods specified in the Project Schedule included in Exhibit "A"; said time
periods shall commence from the date of the Notice to Proceed for such
services.
4.3 Prior to beginning the performance of any services under this Agreement,
CONSULTANT must receive a Notice to Proceed.
ARTICLE 5
COMPENSATION AND METHOD OF PAYMENT
5.1 COMPENSATION
In consideration for providing the services specified in Exhibit "A", COUNTY may,
but is under no obligation to, utilize the Job Order Contracting Solution to order
construction and construction related services during the term of this Agreement
and pay CONSULTANT a licensing fee according to the following schedule:
5.1.1 For the first Seven Million Dollars ($7,000,000) of construction and
construction related services ordered by COUNTY through the Job Order
Contracting Solution, COUNTY shall pay CONSULTANT five percent (5 %)
of that amount.
5.1.2 For any amounts cumulating over the first Seven Million Dollars
($7,000,000) of construction and construction related services ordered by
COUNTY through the Job Order Contracting Solution, COUNTY shall pay
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CONSULTANT one and ninety-five hundredth percent (1 95 %) of that
amount, subject to the following discounted rates during each twelve-month
period of this Agreement:
5.1.2.1 For any amounts cumulating over Fifteen Million Dollars
($15,000,000) of construction and construction related services
ordered by COUNTY through the Job Order Contracting Solution,
COUNTY shall pay CONSULTANT one and seventy-five
hundredth percent (1.75 %) of that amount..
5.1.2.2 For any amounts cumulating over Twenty-five Million Dollars
($25,000,000) of construction and construction related services
ordered by COUNTY through the Job Order Contracting Solution,
COUNTY shall pay CONSULTANT one and five tenth percent
(1..5 %) of that amount.
5.1.2.3 For any amounts cumulating over Fifty Million Dollars
($50,000,000) of construction and construction related services
ordered by COUNTY through the Job Order Contracting Solution,
COUNTY shall pay CONSULTANT one percent (1.00 %) of that
amount.
Each twelve-month period shall be measured, at the sole discretion of
Contract Administrator, from either the date COUNTY begins to utilize the
Job Order Contracting Solution or the date CONSULTANT completes and
COUNTY accepts, by and through the Contract Administrator, the work as
set forth in Exhibit A, Scope of Services, Phases I and II
5.2 FEES FOR OPTIONAL SERVICES
5.2.1 In consideration for Optional Services provided pursuant to this
Agreement, COUNTY shall pay CONSULTANT an amount equal to: (1)
the labor rate as detailed in Exhibit "B" plus reimbursement for the actual
cost of all non -labor direct expenses incurred by CONSULTANT in
accordance with Section 5.2.2, below; or (2) a fee mutually agreed upon in
writing by the Parties. CONSULTANT may adjust its labor rates, as
detailed in Exhibit "B", each calendar year by the CPI for the preceding
calendar year, not to exceed three percent (3%).. Any Optional Services
must first be approved in accordance with Article 6.
5.2.2 In accordance with and pursuant to the Broward County Procurement
Code, direct non -labor expenses, entitled Reimbursables, directly
attributable to the Optional Services will be charged at actual cost, and
shall be limited to the following:
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a) Identifiable transportation expenses in connection with the Optional
Services under this Project, subject to the limitations of Section
112.061, Florida Statutes Transportation expenses to locations
outside the Dade-Broward-Palm Beach County area or from
locations outside the Dade-Broward-Palm Beach County area will
not be reimbursed unless specifically pre -authorized in writing by
the Contract Administrator.
b) Identifiable per diem, meals and lodgings, taxi fares and
miscellaneous travel -connected expenses for CONSULTANT's
personnel subject to the limitations of Section 112.061 Florida
Statutes. Meals for class C travel inside Broward County will not be
reimbursed. Meals and lodging expenses will not be reimbursed for
temporarily relocating CONSULTANT's employees from one of
CONSULTANT's offices to another office if the employee is
relocated for more than ten (10) consecutive working days.
Lodging will be reimbursed only for room rates equivalent to
Holiday Inn, Howard Johnson or Ramada Inn.
c) Identifiable communication expenses approved by Contract
Administrator, long distance telephone, courier and express mail
between CONSULTANT's various permanent offices.
CONSULTANT's field office at the Project site is not considered a
permanent office
d) Cost of printing, reproduction or photography which is required by
or of CONSULTANT to deliver Optional Services.
e) Identifiable testing costs approved by Contract Administrator.
f) All permit fees paid to regulatory agencies for approvals directly
attributable to the Optional Services.
5.3 METHOD OF BILLING
CONSULTANT shall submit invoices monthly to COUNTY for Job Orders issued
during the month utilizing the Job Order Contracting Solution, subject to
reconciliation at the closing of each Job Order. Each invoice shall contain a list of
the Job Orders issued during the month and shall include the project number,
project name, project amount, fee percentage, and the amount due for each Job
Order
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5.4 METHOD OF PAYMENT
5,4.1 COUNTY shall pay CONSULTANT's invoices within thirty (30) calendar
days from the invoice date. Any invoice not disputed by COUNTY in writing
within thirty (30) calendar days from the invoice date shall be deemed
proper, In the event of a dispute, COUNTY shall pay all undisputed invoice
amounts within thirty (30) days of the invoice date.
5 4.2 Payment will be made to CONSULTANT at:
The Gordian Associates, Inc.
140 Bridges Road, Suite E
Mauldin, SC 29662
5.5 CONSULTANT shall pay its subcontractors and suppliers within thirty (30) days
following receipt of payment from the COUNTY for such subcontracted work or
supplies. CONSULTANT agrees that if it withholds an amount as retainage from
its subcontractors or suppliers, that it will release such retainage and pay same
within thirty (30) days following receipt of payment of retained amounts from
COUNTY, or within thirty (30) days after the subcontractor has satisfactorily
completed its work, whichever shall first occur..
ARTICLE 6
CHANGES IN SCOPE OF SERVICES; ADDITIONAL AND OPTIONAL SERVICES
6.1 COUNTY or CONSULTANT may request changes that would increase,
decrease, or otherwise modify the Scope of Services to be provided under this
Agreement. Such changes must be made in accordance with the provisions of
the Broward County Procurement Code and must be contained in a written
amendment, executed by the parties hereto, with the same formality and of equal
dignity herewith, prior to any deviation from the terms of this Agreement including
the initiation of any additional services.
6.2 In the event a dispute between the Contract Administrator and CONSULTANT
arise over whether requested services constitute additional services and such
dispute cannot be resolved by the Contract Administrator and CONSULTANT,
such dispute shall be promptly presented to COUNTY's committee, which
negotiated this Agreement, for resolution. The committee's decision shall be final
and binding on the parties. Any resolution in favor of CONSULTANT shall be set
forth in a written document in accordance with Section 6.1 above. During the
pendency of any dispute, CONSULTANT shall promptly perform the disputed
services.
6.3 CONSULTANT may, at Contract Administrator's discretion, be authorized to
perform Optional Services to include functions and services that would normally
be performed by COUNTY, up to the maximum fee established for Optional
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Services under Article 5. Any Optional Services to be performed by
CONSULTANT pursuant to the terms of this Agreement shall first be authorized
by the Contract Administrator in writing by a "Work Authorization," in accordance
with this Article.
631 Before any Optional Service is commenced pursuant to a Work
Authorization, CONSULTANT shall supply the Contract Administrator with
a written estimate for all charges expected to be incurred for such Optional
Service, which estimate shall be reviewed by Contract Administrator and a
final amount for CONSULTANT's compensation shall be approved as
follows.
6.3.1.1 Any single Work Authorization which will cost COUNTY Thirty
Thousand Dollars ($30,000.00) or Tess shall be signed by
Contract Administrator and CONSULTANT.
6,3.1.2 Any single Work Authorization which will cost COUNTY more than
Thirty Thousand Dollars ($30,000.00) shall be signed by the
Board and CONSULTANT.
6.32 Subsequent to Contract Administrator issuing a Work Authorization
pursuant to this article, Contract Administrator will issue a Notice to
Proceed (NTP) for those authorized Optional Services. CONSULTANT
shall not commence such work until after receipt of the Contract
Administrator's NTP.
6.3.3 Any charges in excess of the amount approved in the original Work
Authorization shall require a modification thereto approved by Contract
Administrator or Board as follows: Contract Administrator shall sign in
instances where the total of such modifications does not exceed Thirty
Thousand Dollars ($30,000.00), Board shall sign in those instances
where the cumulative total of the modifications exceeds Thirty Thousand
Dollars ($30,000). Notwithstanding anything contained in this subsection,
CONSULTANT's compensation shall not exceed the amount approved in
the Work Authorization unless such additional amount received the prior
written approval as outlined above.
6.3..4 All Work Authorizations issued by the Contract Administrator shall contain,
as a minimum, the following information and requirements:
6.3.4.1 A description of the work to be undertaken, a reference to this
Agreement pursuant to which the work to be undertaken is
authorized, and a statement of the method of compensation..
6.3.42 A budget establishing the amount of compensation, which amount
shall constitute a guaranteed maximum and shall not be
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exceeded unless prior written approval of COUNTY is obtained.
In the event COUNTY does not approve an increase in the
guaranteed maximum amount, and the need for such action is not
the fault of CONSULTANT, the authorization shall be terminated,
and CONSULTANT shall be paid in full for all work completed to
that point, but shall in no case exceed the guaranteed maximum
amount. The information contained in the budget shall be in
sufficient detail so as to identify the various elements of costs.
6.3.4.3 A time established for completion of the work or services
undertaken by CONSULTANT or for the submission to COUNTY
of documents, reports, and other information pursuant to this
Agreement.
6.3.4.4 Any other additional instructions or provision relating to the work
authorized pursuant to this Agreement.
6.3.4.5 Work Authorizations shall be dated, serially numbered, and
signed.
ARTICLE 7
COUNTY'S RESPONSIBILITIES
7.1 COUNTY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information COUNTY has available pertinent to the Project including previous
reports and any other data relative to design or construction of the Project..
7.2 COUNTY shall arrange for access to, and make all provisions for,
CONSULTANT to enter upon public and private property as required for
CONSULTANT to perform its services.
7.3 COUNTY shall review the itemized deliverables/documents identified in Exhibit
"A" of CONSULTANT and respond in writing with any comment within the time
set forth on the approved Project Schedule.
7.4 COUNTY shall give prompt written notice to CONSULTANT whenever COUNTY
observes or otherwise becomes aware of any development that affects the scope
or timing of CONSULTANT's services.
7.5 COUNTY shall provide CONSULTANT's Job Order Contracting Solution
development team with use of a furnished office, copiers, printers, facsimile
machines, and local telephone service access.
7.6 COUNTY shall be responsible for providing its own reproduction services for all
draft and final versions of the Construction Task Catalog®, Technical
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Specifications, Contract and General Conditions, Instructions to Bidder, Proposal
Forms, Execution Procedures, and Training Materials..
ARTICLE 8
CONSULTANT'S AUTOMATION STANDARDS
8.1 As part of the Project, CONSULTANT shall provide internet-based services that
will allow COUNTY to manage Job Order Contracting through the use of
computer technology (an automated Job Order Contracting Solution), as more
fully described in Exhibit "A.."
8.2 CONSULTANT's automated Job Order Contracting Solution shall be available 7
days a week, 24 hours a day; except for scheduled maintenance windows.
CONSULTANT shall schedule maintenance in off peak hours.
8.3 CONSULTANT's automated Job Order Contracting Solution shall provide
COUNTY with access controls. These controls will prohibit unauthorized use of
the CONSULTANT's automated solution. COUNTY agrees to provide regular
updates of new and removed Contractors and COUNTY employees requiring
access to the automated solution. CONSULTANT's automated Job Order
Contracting Solution shall provide COUNTY with an access log capable of
capturing transaction information (i.e., the authorized user, date time, length of
session, etc).
8.4 In the event of termination, CONSULTANT shall provide COUNTY with
COUNTY's data in a flat file, comma delineated format, also including a data
legend (dictionary)..
8.5 CONSULTANT agrees to work with and comply with all Broward COUNTY
security standards. CONSULTANT warrants that CONSULTANT's internet-
based service, and the software and operating system residing on the hosted
servers, will not have any type of undocumented software routines or other
elements which are designed to or capable of permitting, allowing, or causing
any of the following:
a. unauthorized access to or intrusion upon COUNTY data or disabling of
COUNTY data;
b. erasure of COUNTY data; or
c. interference with any COUNTY hardware, software, data, or peripheral
equipment whether directly or by transference of COUNTY.
8.6 CONSULTANT agrees that all information provided by COUNTY and Contractors
is the property of COUNTY and shall not be used by CONSULTANT or any of its
affiliate companies or associations.
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8 7 CONSULTANT agrees to provide COUNTY and COUNTY's Contractors with
training and end user documentation. The automated solution shall also include
Help dialog capability to assist/guide a new user through the proper use of the
automated solution.
8.8 CONSULTANT agrees that COUNTY shall have the right to acceptance test the
automated Job Order Contracting Solution. The testing period shall be at least
30 days from the date CONSULTANT advises COUNTY in writing that the
automated Job Order Contracting Solution system is ready for testing. COUNTY
will identify issues/problems to CONSULTANT and CONSULTANT shall have 10
days to review and take corrective action for any deficiencies in the automated
Job Order Contracting Solution.
ARTICLE 9
MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS
9.1.1 All finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports prepared or provided by
CONSULTANT in connection with this Agreement shall become the
property of COUNTY, whether the Project for which they are made is
completed or not, and shall be delivered by CONSULTANT to COUNTY
within ten (10) days of the receipt of the written notice of termination. If
applicable, COUNTY may withhold any payments then due to
CONSULTANT until CONSULTANT complies with the provisions of this
section. This Article 9.1.1 shall not apply to Proprietary information as
defined in Article 9.1.2 of this Agreement.
9.1.2 CONSULTANT hereby grants to COUNTY and COUNTY hereby accepts
from CONSULTANT, a non-exclusive right, license, and privilege to use
CONSULTANT'S Job Order Contracting Solution and other related
proprietary materials (collectively referred to as "Proprietary Information") in
connection with the terms and conditions set forth in this Agreement.. The
parties hereby agree that Proprietary Information shall include, but is not
limited to, CONSULTANT'S Construction Task Catalog® (also referred to
as CTC, Unit Price Book, and UPB), PROGEN® internet-based service
and support documentation, training materials, and other proprietary
materials developed by CONSULTANT.. In the event this Agreement
expires or is otherwise terminated as provided herein, COUNTY shall
return to CONSULTANT all Proprietary Information in COUNTY'S
possession.
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COUNTY acknowledges that disclosure of trade secrets may result in
irreparable harm to CONSULTANT for which monetary damages would be
an inadequate remedy. In accordance with Section 815.04(3)(a), Florida
Statutes, COUNTY agrees not to disclose "trade secrets" to anyone
without first receiving the written consent of CONSULTANT.. COUNTY
further acknowledges and agrees to respect the copyrights, registrations,
trade secrets, and other proprietary rights of CONSULTANT in the
Proprietary Information during and after the term of this Agreement,
subject to public records disclosure pursuant to state or federal laws.
9.2 TERMINATION
9.2.1 This Agreement may be terminated for cause by the aggrieved party if the
party in breach has not corrected the breach within ten (10) days after
written notice from the aggrieved party identifying the breach, or for
convenience by action of the Board upon not Tess than thirty (30) days'
written notice. This Agreement may also be terminated by County
Administrator upon such notice as County Administrator deems
appropriate under the circumstances in the event County Administrator
determines that termination is necessary to protect the public health or
safety. An erroneous termination for cause shall be considered a
termination for convenience.
9.2.2 Termination of this Agreement for cause by COUNTY shall include, but
not be limited to, negligent, intentional, or repeated submission for
payment of false or incorrect bills or invoices, failure to suitably perform
the work, failure to continuously perform the work in a manner calculated
to meet or accomplish the objectives as set forth in this Agreement, or
multiple breach of this Agreement which has a material adverse effect on
the efficient administration of the Project notwithstanding whether any
such breach was previously waived or cured. This Agreement may also
be terminated by the Board.
9.2.2.1 Upon the disqualification by COUNTY's Director of Small
Business Development Division of CONSULTANT as a M/WBE if
CONSULTANT's status as M/WBE was a factor in the award of
this Agreement and such status was misrepresented by
CONSULTANT;
9.22.2 Upon the disqualification by COUNTY's Director of Small
Business Development Division of CONSULTANT if
CONSULTANT obtained this Agreement or attempted to meet its
M/WBE contractual obligations through fraud, misrepresentation,
or material misstatement;
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9223 Upon the disqualification by COUNTY's Director of Small
Business Development Division of one or more of
CONSULTANT's M/WBE participants if any such participant's
status as a M/WBE was a factor in the award of this Agreement
and such status was misrepresented by CONSULTANT or such
participant;
9.2.2.4 Upon the disqualification by COUNTY's Director of Small
Business Development Division of one or more of
CONSULTANT's M/WBE participants if such M/WBE participant
attempted to meet its M/WBE contractual obligations through
fraud, misrepresentation, or material misstatement;
9.2.2.5 If CONSULTANT is determined by COUNTY's Director of Small
Business Development Division to have been knowingly involved
in any fraud, misrepresentation, or material misstatement
concerning the M/WBE status of its disqualified M/WBE
participant. If so determined, CONSULTANT shall not be
awarded M/WBE participation credit,
9.2.3 Notice of termination shall be provided in accordance with the "NOTICES"
section of this Agreement except that notice of termination by Contract
Administrator which Contract Administrator deems necessary to protect
the public health, safety, or welfare may be verbal notice which shall be
promptly confirmed in writing in accordance with the "NOTICES" section of
this Agreement.
9.2.4 In the event this Agreement is terminated for convenience, CONSULTANT
shall be paid for any services properly performed to the date the
Agreement is terminated; however, upon being notified of COUNTY's
election to terminate, CONSULTANT shall refrain from performing further
services or incurring additional expenses under the terms of this
Agreement. CONSULTANT acknowledges and agrees that ten dollars
($10.00) of the compensation to be paid by COUNTY, the receipt and
adequacy of which is hereby acknowledged by CONSULTANT, is given as
specific consideration to CONSULTANT for COUNTY's right to terminate
this Agreement for convenience.
9.2.5 In the event this Agreement is terminated, any compensation payable by
COUNTY shall be withheld until all documents are provided to COUNTY
pursuant to Section 9.1 of Article 9.
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9.3 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
CONSULTANT that are related to this Project. CONSULTANT shall keep such
books, records, and accounts as may be necessary in order to record complete
and correct entries related to the Project.
CONSULTANT shall preserve and make available, at reasonable times for
examination and audit by COUNTY, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the
required retention period of the Florida Public Records Act (Chapter 119, Fla.
Stat,), if applicable, or, if the Florida Public Records Act is not applicable, for a
minimum period of three (3) years after termination of this Agreement. If any
audit has been initiated and audit findings have not been resolved at the end of
the retention period or three (3) years, whichever is longer, the books, records,
and accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to be applicable to
CONSULTANT's records, CONSULTANT shall comply with all requirements
thereof; however, no confidentiality or non -disclosure requirement of either
federal or state law shall be violated by CONSULTANT. Any incomplete or
incorrect entry in such books, records, and accounts shall be a basis for
COUNTY's disallowance and recovery of any payment upon such entry.
9.4 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
CONSULTANT shall not unlawfully discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, political affiliation, disability, or
sexual orientation (including but not limited to Broward County Code, Chapter
161/2) in the performance of this Agreement, the solicitation for or purchase of
goods or services relating to this Agreement, or in subcontracting work in the
performance of this Agreement. CONSULTANT shall include the foregoing or
similar language in its contracts with any subcontractors or subconsultants,
except that any project assisted by the U.S. Department of Transportation funds
shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and
26, as amended. Failure to comply with the foregoing requirements is a material
breach of this Agreement, which may result in the termination of this Agreement
or such other remedy as COUNTY deems appropriate.
CONSULTANT shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONSULTANT shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by COUNTY, including Titles I and II of
the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.. In addition, CONSULTANT
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shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons.
By execution of this Agreement, CONSULTANT represents that it has not been
placed on the discriminatory vendor list (as provided in Section 287.134, Florida
Statutes): COUNTY hereby materially relies on such representation in entering
into this Agreement. An untrue representation of the foregoing shall entitle
COUNTY to terminate this Agreement and recover from CONSULTANT all
monies paid by COUNTY pursuant to this Agreement, and may result in
debarment from COUNTY's competitive procurement activities,
9.5 M/WBE COMPLIANCE
9.5.1 In completing this Project, CONSULTANT agrees to and shall comply with
COUNTY's Business Opportunity Act of 2004 (Broward County
Ordinance No. 2004-07), referred to as the "Act," which provides for the
establishment and implementation of M/WBE- participation goals,
initiatives, and other opportunities for COUNTY contracts. The COUNTY
shall review each proposed modification to this Agreement that, by itself or
aggregated with previous modifications, increase the contract value of this
Agreement by ten percent (10%) of the initial contract value, or Fifty
Thousand Dollars ($50,000) whichever is Tess, for opportunities to include
or increase the participation of DBEs, SBEs, MBEs, or WBEs, already
involved on this Agreement.
9.5.2 COUNTY and CONSULTANT agree that subcontract awards to M/WBE
participants are crucial to the achievement of the Project's M/WBE
participation goals. in an effort to assist COUNTY in achieving its
established goals for this Project, CONSULTANT agrees to meet the
following participation goals:
CATEGORY
PARTICIPATION GOAL
MBE
-0-
African American
-0-
%
Hispanic
-0-
%
WBE
-0-
%
Native American
-0-
%
Asian -Pacific
Islander
-0-
%
Total Goal
-0-
%
9.5.3 CONSULTANT shall, in performing services for this Project, incorporate
by Exhibit "C" the names, addresses, scope of work, and dollar value of
M/WBE participation on the Schedule of M/WBE Participation into
CONSULTANT's contracts. CONSULTANT understands that each
M/WBE firm utilized on the Project to meet the participation goals must be
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certified by the Broward County Small Business Development Division.
CONSULTANT agrees to provide copies of its contracts with such persons
to the Contract Administrator and the Broward County Small Business
Development Division.
9.5.4 Unless the time for submission of same is extended in writing by the
Broward County Small Business Development Division, a Letter of intent
to perform as a subcontractor executed by each M/WBE subcontractor
listed on the Schedule of M/WBE Participation must be submitted to the
Broward County Small Business Development Division prior to execution
of this Agreement. A Letter of Intent form may be obtained at the Broward
County Small Business Development Division office. The information
contained within the Letter of Intent and the information contained within
the Schedule of M/WBE Participation should be the same as to content.
9.5.5 CONSULTANT understands that it is the responsibility of the Contract
Administrator and the Broward County Small Business Development
Division to monitor compliance with the M/WBE requirements. In that
regard, CONSULTANT agrees to furnish monthly reports to both the
Contract Administrator and the Broward County Small Business
Development Division of all expenditures made to achieve compliance
with its assigned goals or other contractual conditions agreed to by
CONSULTANT pursuant to the Act commencing with the end of the first
month of this Agreement. Afl reports shall include the name and business
address of each M/WBE solicited by CONSULTANT to work as a
subcontractor or supplier in this Agreement and the responses received by
CONSULTANT to such solicitation; the name and business address of
each M/WBE actually involved in this Agreement, a description of the work
performed and/or product or service supplied by each DBE, SBE, MBE,
or WBE; the date and amount -of -each expenditure; the M/WBE status of
any contractor performing any portion of this Agreement; and any other
information requested by COUNTY which may assist COUNTY in
determining the CONSULTANT's compliance with its contractual
obligations, or may assist in the implementation and enforcement of the
Act. The submission of the report required by this subparagraph shall be
a condition of payment to CONSULTANT.
9,5.6 In the event of CONSULTANT's noncompliance with its participation
commitment to a M/WBE (including without limitation the unexcused
reduction of M/WBE participation), the affected M/WBE shall have the
right to exercise the following remedies if the noncompliance is or was due
to no fault of the M/WBE, and due to the willful action or omission of
CONSULTANT:
9.5 6.1 The affected M/WBE shall be entitled to damages pursuant to its
agreement with CONSULTANT..
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9.5,6.2 If a subcontractor, material supplier, or other similarly -situated
person institutes an arbitration proceeding claiming non-
compliance with the Act by CONSULTANT, then only in such
event shall the remedies include an undertaking by
CONSULTANT to submit any dispute concerning such damages
to binding arbitration by an independent arbitrator.. However,
binding arbitration shall not be available as to any dispute
between CONSULTANT and COUNTY; nor shall COUNTY incur
any cost, fee, or liability relative to any arbitration proceedings.
An arbitrator may award reasonable attorney's fees and costs
against a non -prevailing party.
9,5.6.3 Nothing under this subsection 9.2.6 shall be construed to limit
the rights of and remedies available to COUNTY, including the
right to seek its own damages pursuant to this Agreement.
9.5..7 CONSULTANT agrees that nonpayment of a M/WBE subcontractor or
supplier as required by Section 5.4 shall be a material breach of this
Agreement and that COUNTY's Contract Administrator may, at its option,
increase allowable retainage or withhold progress payments unless and
until CONSULTANT demonstrates timely payments of sums due to such
subcontractors or suppliers. CONSULTANT agrees that the presence of a
"pay when paid" provision in a subcontract shall not preclude COUNTY or
its representatives from inquiring into allegations of nonpayment. The
foregoing remedies under this subsection 9.5.7 shall not be employed
when CONSULTANT demonstrates that failure to pay results from a bona
fide dispute with its subcontractor or supplier.
9.5.8 COUNTY shall -.have access, without Iimitati.on,__to CONSULTANT's books
and records, including payroll records, tax returns and records, and books
of account, on five (5) business days notice, to allow COUNTY to
determine CONSULTANT's compliance with its commitment to M/WBE
participation goal and the status of any M/WBE performing any portion of
this Agreement.
9.6 PUBLIC ENTITY CRIMES ACT
CONSULTANT represents that the execution of this Agreement will not violate
the Public Entity Crimes Act (Section 287,133, Florida Statutes), which
essentially provides that a person or affiliate who is a contractor, consultant or
other provider and who has been placed on the convicted vendor list following a
conviction for a Public Entity Crime may not submit a bid on a contract to provide
any goods or services to COUNTY, may not submit a bid on a contract with
COUNTY for the construction or repair of a public building or public work, may
not submit bids on leases of real property to COUNTY, may not be awarded or
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perform work as a contractor, supplier, subcontractor, or consultant under a
contract with COUNTY, and may not transact any business with COUNTY in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed
on the convicted vendor list. Violation of this section shall result in termination of
this Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it committed an act defined by
Section 287 133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONSULTANT has been
placed on the convicted vendor list,.
9.7 SUBCONSULTANTS
CONSULTANT shall utilize the subconsultants identified in the proposal that was
a material part of the selection of CONSULTANT to provide the services for this
Project. CONSULTANT shall obtain written approval of Contract Administrator
prior to changing or modifying the list of subconsultants submitted by
CONSULTANT.. The list of subconsultants submitted is as follows: None..
9.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party and CONSULTANT shall not subcontract any portion
of the work required by this Agreement except as authorized pursuant to Section
9.7.
CONSULTANT represents that all persons delivering the services required by
this Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide
and perform such services to COUNTY's satisfaction for the agreed
compensation.
CONSULTANT shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONSULTANT's
performance and all interim and final products) provided to or on behalf of
COUNTY shall be comparable to the best local and national standards.
9.9 INDEMNIFICATION OF COUNTY
CONSULTANT shall indemnify and hold harmless COUNTY, its officers and
employees from liabilities, damages, losses, and costs, including, but not limited
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to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of CONSULTANT, and other
persons employed or utilized by CONSULTANT in the performance of this
Agreement. Except as specifically provided herein, this Agreement does not
require that CONSULTANT defend, indemnify, or hold harmless the COUNTY, its
employees, officers, directors, or agents from any liability, damage, loss, claim,
action, or proceeding. In the event that any action or proceeding is brought
against COUNTY by reason of any such claim or demand, CONSULTANT shall,
upon written notice from COUNTY, resist and defend such action or proceeding
by counsel satisfactory to COUNTY. The provisions of this section shall survive
the expiration or earlier termination of this Agreement. To the extent considered
necessary by Contract Administrator and County Attorney, any sums due
CONSULTANT under this Agreement may be retained by COUNTY until all of
COUNTY's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved, and any amount withheld shall not be subject to
payment of interest by COUNTY.
9.10 INSURANCE
CONSULTANT shall provide, pay for and maintain -in force at all times during the
services to be performed, such insurance, including Workers' Compensation
Insurance, Comprehensive General or Commercial Liability Insurance, Business
Automobile Liability Insurance and Employer's Liability Insurance.
Such policy or policies shall be issued by companies authorized to do business in
the State of Florida and having agents upon whom service of process may be
made in the State of Florida. CONSULTANT shall specifically protect COUNTY
and the Board by naming COUNTY and the Board as additional insured under
the Comprehensive General or Commercial Liability Insurance policy hereinafter
described.
9.10.1 Workers' Compensation Insurance to apply for all employees in
compliance with the Workers' Compensation Law of the State of Florida
and all applicable federal laws.
9.10.2 Comprehensive General or Commercial Liability Insurance with minimum
limits of $1,000,000 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or Operations.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement.
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Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
9.10.3 Business Automobile Liability Insurance with minimum limits of $1,000,000
per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance
Services Office and must include:
Owned vehicles.
Hired and non -owned vehicles.
Employers' non -ownership..
9 10.4 CONSULTANT shall provide to COUNTY a Certificate of insurance or a
copy of all insurance policies required by Section 9.10 including any
subsection thereunder. COUNTY reserves the right to require a certified
copy of such policies upon request. All certificates and endorsements
required herein shall state that COUNTY shall be given thirty (30) days
notice prior to expiration or cancellation of the policy.
9,11 REPRESENTATIVE OF COUNTY AND CONSULTANT
9.11.1 The parties recognize that questions in the day-to-day conduct of the
Project will arise. The Contract Administrator, upon CONSULTANT's
request, shall advise CONSULTANT in writing of one (1) or more
COUNTY employees to whom all communications pertaining to the day-
to-day conduct of the Project shall be addressed.
9.11.2 CONSULTANT shall inform the Contract Administrator in writing of
CONSULTANT's representative to whom matters involving the conduct of
the Project shall be addressed.
9.12 ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters
contained herein; and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written.
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913 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the Board and
CONSULTANT.
9.14 NOTICES
Whenever either party desires to give notice unto the other, such notice must be
in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
FOR BROWARD COUNTY:
Assistant Director of Public Works & Transportation, Contract
Administrator
Broward County Government Center
115 S. Andrews Avenue, Room 514
Ft. Lauderdale, FL 33301
FOR CONSULTANT:
Robert D. Coffey, President
The Gordian Associates, Inc.
140 Bridges Road, Suite E
Mauldin, SC 29662
9.15 TRUTH -IN -NEGOTIATION CERTIFICATE
Signature of this Agreement by CONSULTANT shall act as the execution of a
truth -in -negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which COUNTY
determines the contract price was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of this
Agreement..
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9.16 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express
their mutual intent and no rule of strict construction shall be applied against either
party hereto. The headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as "herein," "hereof," "hereunder," and
"hereinafter" refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a Section or Article of this Agreement,
such reference is to the Section or Article as a whole, including all of the
subsections of such Section, unless the reference is made to a particular
subsection or subparagraph of such Section or Article
9.17 CONSULTANT'S STAFF
CONSULTANT will provide the key staff identified in their proposal for Project as
long as said key staff are in CONSULTANT's employment.
CONSULTANT will obtain prior written approval of Contract Administrator to
change key staff. CONSULTANT shall provide Contract Administrator with such
information as necessary to determine the suitability of proposed new key staff.
Contract Administrator will be reasonable in evaluating key staff qualifications.
If Contract Administrator desires to request removal of any of CONSULTANT's
staff, Contract Administrator shall first meet with CONSULTANT and provide
reasonable justification for said removal.
9.18 DRUG -FREE WORKPLACE
It is a requirement of COUNTY that it enter into contracts only with firms that
certify the establishment of a drug -free work place in accordance with Chapter
21.31(a) of the Broward County Procurement Code. Execution of this Agreement
by CONSULTANT shall also serve as CONSULTANT's required certification that
it either has or that it will establish a drug -free work place in accordance with
Chapter 21.31(a) of the Broward County Procurement Code.
9.19 INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor under this Agreement.. Services
provided by CONSULTANT shall be subject to the supervision of CONSULTANT.
In providing the services, CONSULTANT or its agents shall not be acting and
shall not be deemed as acting as officers, employees, or agents of the COUNTY.
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The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement.
9,20 THIRD PARTY BENEFICIARIES
Neither CONSULTANT nor COUNTY intend to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement..
9.21 CONFLICTS
Neither CONSULTANT nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONSULTANTs loyal and conscientious
exercise of judgment related to its performance under this Agreement.
CONSULTANT agrees that none of its officers or employees shall, during the
term of this Agreement, serve as an expert witness against COUNTY in any legal
or administrative proceeding in which he or she is not a party, unless compelled
by court process, nor shall such persons give sworn testimony or issue a report
or writing, as an expression of his or her expert opinion, which is adverse or
prejudicial to the interests of COUNTY or in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section
shall not preclude such persons from representing themselves in any action or in
any administrative or legal proceeding..
In the event CONSULTANT is permitted to utilize subcontractors to perform any
services required by this Agreement, CONSULTANT agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the
meaning of this section.
9.22 CONTINGENCY FEE
CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, 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 CONSULTANT, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For a breach or violation of this provision, Board shall have the right
to terminate this Agreement without liability at its discretion, or to deduct from the
Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
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9.23 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTY to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver
of any breach of a provision of this Agreement shall not be deemed a waiver of
any subsequent breach and shall not be construed to be a modification of the
terms of this Agreement,
COUNTY and CONSULTANT agree that each requirement, duty, and obligation
set forth herein is substantial and important to the formation of this Agreement
and, therefore, is a material term hereof.
9 24 COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations related to this Agreement,
9.25 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CONSULTANT elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be
made within seven (7) days after the finding by the court becomes final.
9.26 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of COUNTY and
CONSULTANT and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any
other
9.27 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any exhibit attached hereto, any document or events referred to
herein, or any document incorporated into this Agreement by reference and a
term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this
Agreement shall prevail and be given effect.
9.28 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal
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problems arising out of this Agreement and any action involving the enforcement
or interpretation of any rights hereunder shall be submitted to the jurisdiction of
the State courts of the Seventeenth Judicial Circuit of Broward County, Florida,
the venue situs, and shall be governed by the laws of the State of Florida. To
encourage prompt and equitable resolution of any litigation that may arise
hereunder, each party hereby waives any rights it may have to a trial by jury of
any such litigation.
9.29 INCORPORATION BY REFERENCE
The attached exhibits are incorporated into and made a part of this Agreement.
9..30 COUNTERPARTS
This Agreement may be executed in three (3) counterparts, each of which shall
be deemed to be an original.
(The remainder of the page intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
or Vice -Mayor, authorized to execute same by Board action on the day of
, and THE GORDIAN ASSOCIATES, INC.., signing by and
through its A.a.{..162At , duly authorized to execute same.
ATTEST:
r'
COUNTY
ro County dministrator, as, r� : ;,,,
cio Clerk of the Broward .4t F� `, C��".*:145 /L iC��/`-z✓
County Board of County Comehi§tibpers-,,, a ,,, Mayor
" � iay of Ce&c ..,.T-.4 ---
;,.,, •a
Approved as to Insurance "'a'''`'' C":'•`'" ` %roved as to form by
Requirements by `_'� Mice of County Attorney
Ry,
RISK MANAGEMENT DIVISION'' '.`Atmtr=,:w :10
', Broward County, Florida
,,n C itti , , /Sr` "/ .,P^ SHARON L. CRUZ, Interim County Attorney
r Governmental Center, Suite 423 •
115 South Andrews Avenue
o �i Fort Lauderdale, Florida 33301
By
��:r�� �f��GS" Telephone: (954) 357-7600
Telecopier: (954) 357-7641
BROWARD COUNTY, by and through
its BOARD OF COUNTY ISSIONERS
Gordian Associates JOC a01 doc
1/6105
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, 20 O3'
Al A. DiCalvo (Date)
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND THE GORDIAN ASSOCIATES,
INC., FOR CONSULTANT SERVICES FOR JOB ORDER CONTRACTING (JOC)
PROGRAM IN BROWARD COUNTY, FLORIDA
CONSULTANT
ATTEST: THE GORDIAN ASSOCIATES, INC.
cQ
Secretary
David L. Mahler
(Please Type Name of Secretary)
Edward A. Snow, Treasurer
CORPORATE SEAL
The Gordian Associates
By
PresidentNice Presides#
Robert D. Coffey, President
(Please Type Name and Title)
1st day of April , 20 05 .
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