Item Q02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21, 2005
Division:
County Administrator
Bulk Item: Yes -1L- No
Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING:
Approval of Consulting Agreement with Commonwealth Consulting Corporation for continuing
consulting services.
ITEM BACKGROUND:
Commonwealth Consulting has worked for the County for ten years and has provided support and
lobbing efforts for water quality improvements, Commissioner visits to Washington, DC, FEMA
issues, etc.
PREVIOUS RELEVANT BOCC ACTION:
Approval of previous contracts.
CONTRACT/AGREEMENT CHANGES:
One year extension commencing on January 1,2006 and ending on December 31,2006.
Authority for County Administrator to have the option to extend the Agreement for an additional two
one-year periods, subject to a negotiation of terms and Board of County Commissioners annual budget
approvaL
STAFF RECOMMENDATIONS:
ApprovaL
TOT AL COST:
$2.000 per month or $6,000 per month BUDGETED: Yes -LNo_
depending upon Tier + expenses
COST TO COUNTY: $2.000 per month or $6,000 per month SOURCE OF FUNDS: Ad Valorem
depending upon Tier + expenses
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing-X-
Risk Management ._ X __
DIVISION DIRECTOR APPROVAL:
g~ 1- Willi
(Thomas J. Willi)
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Commonwealth Contract # -
Effective Date: 111 /06
Expiration Date: 12/31/05
Contract Purpose/Description:
Contract Manager: Connie Cyr 4443 County Administrator/Stop #1
(Name) (Ext) (Department/Stop #)
for BOCC meeting on 12/21/05 Agenda Deadline: 12/6/05
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yescg]
Grant: $
County Match: $
NoD
Depending
upon work
and Tier
Level
Account Codes:
Current Year Portion: $
00101-530310-_-_-_
- - - -
............... - - ~ ~
- - -
- ............... ............... - -
-
- - - ............... -
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD
Date Out
Reviewer
Risk Management
Md"
o.M. B .IPurchasing
YesD No[d/'
YesDNo~ '
.f~~YDND
l ~lfj if) es 0 //
County Attorney
Comments:
CONSULTING AGREEMENT
This Agreement is entered into on this the day of December, 2005, by and
between MONROE COUNTY (County), a political subdivision of the State of Florida, and
COMMONWEALTH CONSULTING CORPORATION (Consultant).
1. SCOPE OF CONTRACT: Consultant will assist County by providing government
relations, planning and public relations support with respect to matters relating to the
Department of Defense, including base closure, base re-use, and other matters;
wastewater and other environmental issues; and other matters as determined by the
Cou nty .
In performing this Agreement, Consultant shall comply with all applicable laws, rules,
regulations, and policies of the United States of America or any jurisdiction where
Consultant's services are to be performed and shall save County harmless from
Consultant's failure to do so.
2. TERMS: This Agreement is intended to be for a period of one year,
commencing on January 1, 2006 and ending on December 31, 2006. At the end of this
period, the County Administrator shall have the option to extend the Agreement for an
additional two one-year periods, subject to a renegotiation of terms and Board of County
Commissioners annual budget approval. During the course of this Agreement should either
party seek to terminate this Agreement, it shall so state, in writing. Termination shall be
effective 60 days after receipt of said written notice of termination.
3. FEES: As it is anticipated that the level of effort necessary to perform this
Agreement will vary depending on the County's requested services, a two-tiered fee
structure will apply. Progression from Tier 1 to Tier 2 will occur only upon mutual
agreement of County and the Consultant,
Tier 1 - Preliminary efforts of the Consultant on behalf of County may require
only monitoring and liaison with the Executive and Legislative branches of the federal
government. In return for the performance of Tier 1 services, County agrees to
compensate Consultant $2,000 per month payable monthly in arrears. Payment
shall be made in US dollars by check.
Tier 2 - However, it may be that a more vigorous and sustained effort on
various issues will be necessary. Should County elect to progress to a Tier 2 level of
performance, County agrees to compensate Consultant $6,000 per month payable
monthly in arrears. Payment shall be made in US dollars by check.
In addition to such fees, County shall reimburse the Consultant's expenses for travel (to
the extent allowed by Sec. 112.061, FS), courier, long distance telephone, printing, or
unusual expenses incurred in connection with the provision of services under this
Agreement. It is anticipated that Consultant will be required to travel to Monroe County
several times during the course of this Agreement. All travel must be approved by the
County Administrator in advance.
Further, Consultant understands and agrees that if this Agreement should be terminated for
any reason, payment of all expenses and fees incurred to the termination date will be made
within 30 days of such termination,
4. MISCELLANEOUS PROVISIONS:
a) Consultant shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for
four years following the termination of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, the County and Consultant agree
that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
The County and Consultant agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The County and Consultant
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Consultant agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's fees,
courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provIsions of this
Agreement shall bind and inure to the benefit of the County and Consultant and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
g) Adjudication of Disputes or Disagreements. County and Consultant agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
h) Nondiscrimination. County and Consultant agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. County or Consultant agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin.
2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex.
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps.
4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age.
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse.
6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism.
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records.
8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability.
10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Consultant agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County
and Consultant specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement,
j) Covenant of No Interest. County and Consultant covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
k) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
I) No Solicitation/Payment. The County and Consultant warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee! commission, percentage! gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Consultant agrees that the County shall
have the right to terminate this Agreement without liability and! at its discretion, to offset
from monies owed! or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
m) Public Access. The County and Consultant shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Consultant in conjunction with this Agreement;
and the County shall have the right to unilaterally cancel this Agreement upon violation of
this provision by Consultant.
n) Non-Waiver of Immunity. Notwithstanding he provisions of See. 286.28,
Florida Statutes, the participation of the County and the Consultant in this Agreement and
the acquisition of any commercial liability insurance coverage! self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
0) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County! when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity! in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution, state statute! and case law.
q) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Consultant agree that neither the County nor the
Consultant or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this
Agreement.
r) Attestations. Consultant agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
s) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
t) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by singing any such counterpart.
u) Section Headings. Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
5. Notice: All notices provided for herein shall be sent by certified mail, postage
prepaid, and addressed as follows:
County
County Administrator
1100 Simonton Street
Key West, FL 33040
Consultant
Commonwealth Consulting Corporation
9507 Beach Mill Road
Great Falls, VA 22066
6. Consultant must have in force and effect during the term of this Agreement the
insurance described in Exhibit A. Exhibit A is attached to this Agreement and made a part of it.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Mayor/Chairperson
(CORPORATE SEAL)
ATTEST:
COMMONWEALTH CONSULTING CORP.
Secretary
By
jconccc
EXHIBIT A
The Tier I remuneration level covers basic support services, including the
monitoring of Congressional actions and providing legislative support to the
County. This consists of arranging meetings; meeting with Congressional staff;
drafting letters and memoranda. This level of effort would require approximately
10 to 15 man-hours per month.
The Tier II remuneration level would be appropriate when the level of effort
increases to more than 20 man-hours of effort per month. This level of effort
would be required when a legislative or public affairs campaign was required on
issues such as Federal funding for wastewater and storm water, military base
closure, or transportation funding initiatives.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT Ul'lJ)ER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Commonwealth Consulting Corporation warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Dat'e', I ! ~ ,:!
" tA..
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hislher
/~ ~.../i <zl '
signature (name of individual signing) in the space provided above on this d2::0}' .~ day of
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OMB - MCP FORM #4
Public Entitv Crime Statement
"A person of affiliate who has been placed on the convicted vendor list following a
convection for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or a public work, may not submit
bids on leases ofreal property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of36 months from the
date of being placed on the convicted vendor list."
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