11/19/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 4. 2008
TO:
Suzanne A. Hutton
County Attorney
;yY
./
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ATTN:
Kathy M. Peters
Executive Assistant
FROM:
Isabel C. DeSantis. D. C.
At the November 19, 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
File
AGREEMENT FOR CONSULTING SERVICES
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TmS AGREEMENT is made as of this lL day of November, 2008, between
Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and James F. Murley, Esq.,
whose address is 1890 SW 21 St Street, Miami, FL 33145 ("CONSULTANT") in
advising the Monroe County Growth Management Division and Administrator's Office
and leading the Sustainable Florida Keys Working Group (SFKWG) in connection with
the COUNTY'S land management objective of protecting environmentally sensitive
lands.
WHEREAS, COUNTY desires to establish the Sustainable Florida Keys
Working Group (SFKWG) to (a) evaluate potential strategies for protecting
environmentally sensitive lands (including but not limited to partnering with the State and
Federal government for the acquisition of environmentally sensitive lands and seeking
national park status for such lands) and (b) prepare a final Protection Strategy Plan for the
Florida Keys;
WHEREAS, COUNTY desires to engage Consultant to provide consulting
services in connection with protecting environmentally sensitive lands;
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 L SCOPE OF SERVICES
CONSULTANT will provide COUNTY consulting services in the area of protecting
environmentally sensitive lands, including the following: (a) recommending members
for the SFKWG; (b) leading the SFKWG in evaluating potential strategies for protecting
environmentally sensitive lands, and (c) assisting in the presentation of the final SFKWG
Protection Strategy Plan for the Florida Keys to the Governor and Cabinet.
SECTION n. COMPENSATION
Compensation for CONSULT ANT'S Services under this Agreement shall be TWENTY
THOUSAND DOLLARS AND NO/cents ($20,000.00).
SECTIONm. PAYMENT
Consultant shall be paid SEVEN THOUSAND AND NO/cents ($7,000) upon
COUNTY'S receipt of a report recommending members for the SFKWG; the balance of
CONSULTANT'S compensation under the Agreement shall be paid upon completion of
the Scope of Services.
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The COONTY'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.
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
COONTY and CONSUTLANT acknowledge that COONTY does not waive immunity
nor does COONTY agree to hold the Consultant harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COONTY 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 COONTY be required to contain any provision
for waiver.
SECTION VL 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 VIII. NONDISCRIMINATION
CONSULT ANT and COONTY 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 COONTY 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 ofrace, 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)
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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 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 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:
fOR COUNTY:
Derek V. Howard
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
I'OR CONSULTANT:
James F. Murley, Esq.
1890 SW 21" Street
Miami, FL 33145
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing Gontained 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.
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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 XUI. 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 partills. 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 XIV. COVENANT OF NO INTEREST
CONsmJ T ANT 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 ETmCS
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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year fitst written above.
,
(SEAL) \
Att~st;.I)~f;:.KOLHAGE, Clerk
BY:~;~C, ~~
Deputy Clerk
Date:~1/-/9-0~
BOARD OF COUNTY
COMlSSIONERS OF
MONROE COUNTY, FLORIDA
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Date:
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J . . MURLEY, ESQ.
Date:
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Witnesses to JAMES F. MURLEY, ESQ.:
Name: K.r,-,~ <;j,jllt~." Signature/A/A;) ':'.. Date ,/-;)5' 8'"
Name:/Jb((l CClJnXJ signaturi~Ll)i~t,-- (' OJYO Date 11/8.~/DI5'
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CHIEF ASSISll T ' JR.
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