09/17/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 3, 2008
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Ha&c.
ATTN:
At the October 17, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Consulting Services between Monroe
County and National Center for Smart Growth Research & Education.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: Finance
Filev'
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made as of this /7rty of September, 2008, between
Monroe County ("COUNTY"), a political subdivision oftbe State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and the University of
Maryland, whose address is 3112 Lee Building, College Park, 20742 for consulting
services to be performed by the National Center for Smart Growtb Research & Education
("CONSULTANT") in hurricane evacuation modeling in connection with tbe
COUNTY'S growth management objectives.
WHEREAS, COUNTY desires to engage CONSULTANT to provide consulting
services in connection with hurricane evacuation modeling;
WHEREAS, CONSULTANT desires to render tbese Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration oftbe
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT, by and through its employee Reid Ewing, will provide COUNTY
consulting services in the area of hurricane evacuation modeling, including tbe following:
(a) evaluation oftbe 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 Affairs 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 growtb management purposes (i.e., review of comprehensive plan
amendments and implementation of Permit Allocation System and otber rate of growtb
regulations); (h) updating FKHEM and running clearance time scenarios for emergency
management purposes; (i) updating and adjusting FKHEM based on evacuation phasing
policy of COUNTY; and (j) providing final report to COUNTY.
SECTION n. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be TWENTY
THOUSAND DOLLARS AND NO/cents ($20,000.00).
SECTIONID. PAYMENT
Consultant shall be paid SEVEN THOUSAND AND NO/cents ($7,000) upon
COUNTY'S receipt of a preliminary report explaining model input parameters and
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recommending updated model inputs; the balance of CONSULTANT'S compensation
under the Agreement shall be paid upon completion of the Scope of Services.
The COUNfY'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 COUNfY 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. Indemnification by the CONSULTANT of the COUNTY shall be limited to
that allowable under Maryland State Law. The CONSULTANT is a self insured pursuant
to Annotated Code of Maryland, State Finance and Procurement Article, Title 9 (2004),
as amended from time to time. The University will be responsible for its own negligence
in accordance with the Maryland Tort Claims Act.
SECTION VI. 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. 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
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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 of1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 29000-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VITI 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 use 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:
FOR COUNTY:
Derek V. Howard
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Borida 33040
FOR CONSULTANT:
The technical contact shall be:
Reid Ewing
National Center for Smart Growth Research & Education
1112 Preinkert Field House (Building 054)
College Park, MD 20742
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The contractual contact shall be:
Marcine Snyder
Contract Administrator
Office of Research Administration & Advancement
University of Maryland
3112 Lee Building
College Park, MD 20742-5141
SECTION X. 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 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 XII. 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 XIlL 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 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
Agreem4lnt.
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 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
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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 XVI. 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 ~rument duly executed by the parties.
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, OF, the parties hereto have executed this Agreement as of the day
ve.
By:
BOARD OF COUNTY
COMISSIONERS OF
M9,NROE CO~ORIDA
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Ma:zror/Chairman
SEP 1 7 2008
Date:
UNIVERSITY OF MARYLAND
~~ITYOF
MARYLAND
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B~UTHORIZING UNIVERSITY OFFICIAL
Evan L. Crierie, ASS!. Ulrector
. Allwarch Administration & Advancement
Nlf'rWersity of Ma~'laRdr C'~lIigi Pifk, lAD "n742
Phone 301-405-6269/Fax 301-314-9569
Tllibill oraa@umd.edu
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OBERT S, SHILLINGER, JR.
OMI~' "1'\I'!~~Q~f" ATTORNEY_
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