Item C46BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21, 2009
Bulk Item: Yes ® No ❑
Division: OMB
Department: Grant Management
Staff Contact Person: Lisa Tennyson
AGENDA ITEM WORDING: Approval of Agreement for Consulting Services between
John Morrill and Monroe County to provide grant -writing services.
ITEM BACKGROUND: Agreement sets forth scope of services for a consultant
grant -writer to identify and secure additional federal, state and private funding
for the County's various operational, governmental, infrastructure and
community service needs.
PREVIOUS RELEVANT BOCC ACTION: Approved as part of budget process
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
TOTAL COST: $4,500
COST TO COUNTY: $4,500
REVENUE PRODUCING: Yes ® No ❑
BUDGETED: Yes ® No ❑
SOURCE OF FUNDS: ad valorem taxes
AMOUNT PER MONTH TBD
YEAR TBD
APPROVED BY:000NTY ATTY M O P RCHASING ❑ RISK MANAGEMEN&
DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑
DISPOSITION: AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: John Morrill, Grant Writer Effective Date: 10/21/09
Expiration Date: 1/30/10
Contract Purpose/Description: Contract for grant -writing services.
Contract Manager: Lisa Tennyson 4444 OMB/Grants Mgt.
(Name) (Ext.) (Department)
I for BOCC meeting on 10/21/09
a Deadline: 10/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,500.00 Current Year Portion: 0
Budgeted? Yes X No Account Codes: - - --XXXXXX
Grant: $0
County Match: $0
ADDITIONAL COSTS
CONTRACT REVIEW
Changes Date Out
Da a In Needed(a§4 ly i e
'
Division Director / Yes❑ NoQ/ 0 / " F
Risk Management ` 1 Yes❑ No[�f Z2 lfl�_ ID -7 v
O.M.B./Purchasing l0--7-C Yes[-] No1017 10c)
County Attorney /6� Yes[:] NoV] itf;, �.?.rf-;� Icyalbg
Comments:
OMB Form Revised 9/11/95 MCP #2
Revised 2/95
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made as of this 21" day of October, 2009, between Monroe County
("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040 and John Morrill ("CONSULTANT"), whose address is 5409
Overseas Highway, #250 Marathon, Florida, 33050 for grant -writing services for the COUNTY.
WHEREAS, County desires to identify and secure additional federal, state and private
funding for its various operational, governmental, infrastructure and community service needs;
and
WHEREAS, COUNTY desires to engage CONSULTANT to provide grant -writing services,
as an independent contractor, to further COUNTY's efforts to secure funding; and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION I,
Scope of Services; and
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual
covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT agrees to provide COUNTY 100 hours of grant -writing services per month to
include these services: Federal Grant Applications, State Grant Applications, Letters of
Interest/Inquiry, and Foundation Proposals.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be $1,500 per month.
SECTION III. PAYMENT
CONSULTANT shall invoice COUNTY monthly. Invoice shall be accompanied by a monthly
report of grant -writing activities and description of grants written and submitted. CONSULTANT
shall be paid within 30 days from the date of the invoice, unless otherwise negotiated.
SECTION IV. PERIOD OF SERVICE
This agreement shall become effective upon signature by all parties and shall continue in effect
for three (3) months. This Agreement may only be extended by mutual agreement of the parties
and should not be extended for a period to exceed 12 months. This agreement may be terminated
by either party, with or without cause, upon seven days written notice to the other party.
SECTION V. TERMS
CONSULTANT agrees to work in conjunction with COUNTY staff and to consult with
COUNTY prior to the development and/or submission of all grant applications and proposals.
CONSULTANT shall be responsible for all his own expenses. COUNTY will furnish stationary,
envelopes, postage, copies, and other miscellaneous materials required for grant preparation
and/or submission. All final plans, reports, applications, and other formal original documents
prepared or developed by CONSULTANT pursuant to this contract shall become the property of
COUNTY.
SECTION VI. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSULTANT acknowledge that COUNTY does not waive immunity nor does
COUNTY agree to hold 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.
SECTION VII. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in Monroe
County.
SECTION VIII. 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 IX. NONDISCRIMINATION
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, effective 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 XI 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 Alcohol 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 (US USC ss. 690dd-3 and 290-ee-3), as
amended, relating to the confidentiality of alcohol and drug abuse patient 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.
SECTION X. 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:
FOR COUNTY:
Tina Boan, Budget Director
Monroe County Office of Management and Budget
1100 Simonton Street
Key West, Florida 33040
FOR CONSULTANT:
John Morrill
5409 Overseas Highway # 250
Marathon, Florida 33050
SECTION XI. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights
in favor of, any third party.
SECTION XII. BINDING EFFECT
The terms, covenants, conditions, and provision of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
SECTION XIII. 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 XIV. ADJUDICATIONS 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 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.
SECTION XV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which 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 XVI. 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.
SECTION XVII. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement between
CONSULTANT 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
instniment 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)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
By: A
H MORRIL , CONSULTANT
Date: ?� 0 q
Witness to JOHN MORRILL:
Name: S ignature:
Name: Signature:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Date:
Mayor
Date:
Date:
MONROE COUNTY ATTORNEY
_APPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date 10l a1pq