Item S6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2008
Division: Coun~ Attorney
Bulk Item: Yes..lL No
Staff Contact Person: Derek Howard
Telephone# 292-3470
AGENDA ITEM WORDING:
Approval of Agreement for Consulting Services with Center for Urban and
Environmental Solutions (CUES)
ITEM BACKGROUND:
This Agreement allows for the Center for Urban and Environmental Studies (CUES), by
and through its Director James F. Murley, to provide Monroe County consulting services
relating to the protection of environmentally sensitive lands. The services provided will
include assisting the County in establishing and then leading the Sustainable Florida Keys
Working Group (SFKWG).
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENTCHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: to be determined
BUDGETED: Yes
No
COST TO COUNTY to be determined
SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: Yes
No L AMOUNT PER MONTH_Year
APPROVED BY: County Atty -1L OMB!Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM # S 0
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made as of this _ 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 the Center for Urban and
Environmental Solutions (CUES) at the Florida Atlantic University, whose address is 111
East Las Olas Blvd., AT 709, Fort Lauderdale, FL 33301 for consulting services to be
performed by James F. Murley, Director of CUES ("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 a Sustainable Florida Keys Working
Group (SFKWG) to evaluate potential strategies for protecting environmentally sensitive
lands, including but not limited to: (a) partnering with the State and Federal government
for the acquisition of environmentally sensitive lands, and (b) seeking national park status
for such lands;
WHEREAS, COUNTY desires to engage Consultant to provide consulting
services in connection with protecting environmentally sensitive lands;
WHEREAS, CONSULT ANT 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
CONSULT ANT will provide COUNTY consulting services in the area of protecting
environmentally sensitive lands, including the following: (a) recommending members
for SFWG; (b) leading the SFKWG in evaluating potential strategies for protecting
environmentally sensitive lands, including but not limited to partnering with the State and
Federal governments for the acquisition of environmentally sensitive lands, and seeking
national park status for such lands; (c) preparing a preliminary report ofSFKWG's
evaluation of protection strategies; (d) preparing an ILA to support a final SFKWG
protection strategy report; (e) preparing a final SFKWG Protection Strategy Plan for the
Florida Keys; and (f) assisting in the presentation of the final SFKWG Protection
Strategy Plan for the Florida Keys to the Governor and Cabinet.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be TWENTY
THOUSAND DOLLARS AND NO/cents ($20,000.00).
1
SECTION III. 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.
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.
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.
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 ofthe same provision, term or condition.
SECTION VIII. NONDISCRlMINA TION
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.
CONSULT ANT or COUNTY agrees to comply with all Federal and local statutes and
2
ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: I) 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 of1975, 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 of1968 (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
FOR CONSULTANT:
James F. Murley
Director, Center for Urban and Environmental Solutions
111 East Las Olas Blvd. AT 709
Fo)'! Lauderdale, FL 33301
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
3
any rights in favor of, any third party.
SECTION XI. BINDING EFFECT
The tenns, 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 XID. 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
Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would contlict 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
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 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.
4
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
Date:
By:
Mayor/Chairman
Date:
CENTER FOR URBAN STUDIES &
ENVIRONMENTAL SOLUTIONS
Witnesses to CENTER FOR URBAN
STUDIES & ENVIRONMENTAL
SOLUTIONS
BY:
NAME:
NAME:
Date:
TITLE:
ADDRESS:
NAME:
Date:
Date:
5