Item N10
* Revised Back-Up *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009
Division: GROWTH MANAGEMENT
Bulk Item: Yes..JL No
Staff Contact: Derek Howard
Assistant County Attorney
Telephone #: (305) 292-3470
AGENDA ITEM WORDING:
Approval of Agreement for Consulting Services with Reid Ewing
ITEM BACKGROUND:
Monroe County previously contracted with the National Center for Smart Growth Research and
Education (NCSGRE) at the University of Maryland for the consulting services of Reid Ewing
regarding hurricane evacuation modeling as it relates to the County's growth management
objectives. Ewing subsequently left the University of Maryland to join the faculty of the College
of Architecture & Planning at the University of Utah and assist the institution in establishing a
planning doctoral program and metropolitan research center. Ewing is also an associate editor of
the Journal of the American Planning Association, a columnist for Planning magazine, and a
Fellow of the Urban Land Institute. This agreement allows for Ewing to continue his work as a
consultant to Monroe County in the area of hurricane evacuation modeling.
PREVIOUS RELEVANT BOCC ACTION:
Contracts with Greenberg Traurig, P.A. and NCSGRE
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
ApprovaL
TOTAL COST: $10.100.00 INDIRECT COST:
BUDGETED: Yes X-No
COST TO COUNTY $10.100.00 SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: Yes No -L AMOUNT PER MONTH_Year
APPROVED BY: County Atty --1L- OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
M~(O
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made as of this _ day of April, 2009, between
Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and Reid Ewing
("CONSULTANT'), whose address is The University of Utah, College of Architecture &
Planning, 375 South 1530, East Room 235, Salt Lake City, Utah 84112 for consulting
services to be performed in hurricane evacuation modeling in connection with the
COUNTY'S growth management objectives.
WHEREAS, CONSULTANT was previously employed by the National Center
for Smart Growth Research and Education at the University of Maryland;
WHEREAS, COUNTY previously contracted with the University of Maryland
for consulting services to be performed by CONSULTANT in connection with hurricane
evacuation modeling;
WHEREAS, CONSULTANT is now employed by The University of Utah;
WHEREAS, COUNTY desires to continue to engage CONSULTANT to provide
consulting services in connection with hurricane evacuation modeling;
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide COUNTY consulting services in the area of hurricane
evacuation modeling, including the following: (a) evaluation of the existing Florida Keys
Hurricane Evacuation Model ("FKHEM'); (b) research of short term data sources
available to support interim model update; (c) preliminary report eXplaining model input
parameters and recommending updated model inputs; (d) meetings with the Florida
Department of Community Mfairs and COUNTY to achieve a Memorandum of
Understanding ("MOU") on model inputs; (e) collection of data on input variables to be
updated according to MOU; (f) analysis and organization of updated database for input
into FKHEM; (g) updating FKHEM and running clearance time scenario for growth
management purposes (Le., review of comprehensive plan amendments and
implementation of Permit Allocation System and other rate of growth regulations); (h)
updating FKHEM and running clearance time scenarios for emergency management
purposes; (i) updating and adjusting F.KHEM based on evacuation phasing policy of
COUNTY; and G) providing final report to COUNTY.
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SECTION D. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be ELEVEN
THOUSAND DOLLARS AND NO/cents ($11,000.00).
In addition to the Compensation for CONSULTANT'S Services provided for herein,
Consultant shall be reimbursed for expenses (including air and ground transportation,
meals, and lodging) incurred in connection with travel performed at COUNTY'S request.
SECTIONID. PAYMENT
Consultant shall be paid FIVE THOUSAND AND NO/cents ($5,000).upon COUNTY'S
receipt of a preliminary report explaining model input parameters and recommending
updated model inputs; the balance of CONSULTANT'S compensation under the
Agreement shall be paid upon completion of the Scope of Services.
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed
by written amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward or
downward. .
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties and shall continue in
effect for one (1) year. This Agreement may be extended by mutual agreement of the
parties, or terminated by either party, with or without cause, upon seven days written
notice to the other party.
SECTION V. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the Consultant harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COUNTY 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.
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SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION vm. NONDISCRIMlNATION
CONSULTANT and COUNTY 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, effectjve the date of the court order.
CONSULTANT or COUNTY agrees to comply with all Federal and local statutes and
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 maybe 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.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
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FOR COUNTY:
Derek V. Howard
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT:
Reid Ewing
The University of Utah
College of Architecture & Planning
375 South 1530, East Room 235
Salt Lake City, Utah 84112
SECTION X. NO THIRD PARTY BENEFICIARIES 1
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XI. 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.
SECTION XU. AUTHORITY
Each party represents to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and Consultant action, as
required by law.
SECTION XIII. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULT ANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement. COUNTY and CONSULTANT specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
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SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETIDCS
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 eertain information.
SECTION XVL EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULT ANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above. .
(SEAL)
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
By:
Mayor/Chainnan
Date:
Date:
;fZ.{~~ e v':"o
REID EWING
April 3, 2009
Date:
Witnesses to REID EWING:
Name: Arthur C.
Nelson
2009
~ !kcL---.
Signature _ L
Date_April 6,
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Name: _Christine Heflin
Date_April 3, 2009
S~nffiure (2,t~~~~~
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