04/15/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT CO'URT
DA TE:
May 28, 2009
TO:
Suzanne A. Hutton
County Attorney
A TTN:
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc(ff;;c.
At the April 15, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Consulting Services between Monroe
County and Reid Ewing, regarding hurricane evacuation.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please feel free to contact our office.
cc: Finance
File
AGREEMENT FOR CONSULTI1'fG SERVICES
!
THIS AGREEMENT is made as of this ~~y of April, 2009, between
Monroe County ("COUNTY"), a political subdivisio of the State of Florida, whose
address is 1100 Simonton Street, Key West, F orida 33040 and Reid Ewing
(''CONSULTANT'), whose address is The University fUtah, College of Architecture &
Planning, 375 South 1530, East Room 235, Salt Lakd 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 Univetsity of Maryland;
WHEREAS, COUNTY previously contracted i with the University of Maryland
for consulting services to be performed by CONSUL TOO in connection with hurricane
evacuation modeling;
WHEREAS, CONSULTANT is now employed by The University of Utah;
WHEREAS, COUNTY desires to continue to qngage CONSULTANT to provide
consulting services in connection with hurricane evacu~tion modeling;
WHEREAS, CONSULTANT desires to rend~ 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
CONSULT ANT will provide COUNTY consulting services in the area of hurricane
evacuation modeling, including the following: (a) eval,ation of the existing Florida Keys
Hurricane Evacuation Model ("FICHEM'); (b) ~ch of short term data sources
available to support interim model update; (c) prelim~ report explaining model input
parameters and recommending updated model iJ1Pl;'!f. (d) meetings with the Florida
Department of Community Affairs and COUNTY i to achieve a Memorandum of
Understanding ("MOTI") on model inputs; (e) collecti of data on input variables to be
updated according to MOU; (f) analysis and organi Oon of updated database for input
into FKHEM; (g) updating FKHEM and running cl ance time scenario for growth
management purposes (i.e., review of compre ive plan amendments and
implementation of Permit Allocation System and rate of growth regulations); (h)
updating FKHEM and running clearance time 0 os for emergency management
purposes; (i) updating and adjusting FKHEM based on evacuation phasing policy of
COUNrY; and G) providing tinal report to COUNrY.
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SECTION R COMPENSATION
Compensation for CONSULTANT'S Services under 4Us Agreement shall be ELEVEN
THOUSAND DOLLARS AND NO/cents ($ll,OOO.OO)~
In addition to the Compensation for CONSUL TAN1'S Services provided for herein,
Consultant shall be reimbursed for expenses (includ41g air and ground transportation,
meals, and lodging) incurred in connection with travel ~erformed at COUNTY'S request.
SECTION ID. PAYMENT
Consultant shall be paid FIVE lHOUSAND AND NOfcents ($5,OOO)~upon COUNTY'S
receipt of a preliminary report explaining model ~ parameters and recommending
updated model inputs; the balance of CONSULT ~'S compensation under the
Agreement shall be paid upon completion of the Scope bf Services.
The COUNTY'S performance and obligation to pay utKIer 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 respqnsibilities are materially changed
by written amendment to this Agreement after. execution of this Agreement,
compensation due to the CONSULTANT shall be eq~itably adjusted, either upward or
downward. .
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by ail parties and shall continue in
effect for one (1) year. This Agreement may be extebded 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-W AlYER OF IMMUNITY ANl> BOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that cqUNrY does not waive immunity
nor does COUNTY agree to hold the Cons harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the partici ation of the CONSULTANT and
the COUNTY in this Agreement and the acquisit on of any commercial liability
insurance coverage, self-insurance coverage, or local vemment liability insurance pool
coverage shall not be deemed a waiver of immunity t 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
I
This Agreement is to be governed by the law of the ~tate of Florida. Venue shall be in
Monroe County.
SECTION VB. SEVERABD.JTY
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 constlUtid by the other party as a waiver of
any subsequent breach of the same provision, term or cobdition.
SECTION vm. NONDISCRIMINA nON
..
CONSULT ANT and eoUNTY agree that there will lbe no discrimination against any
person, and it is expressly understood that upon a d~ettiOn by a court of competent
jurisdiction that discrimination has occurred, this eement automatically terminates
without any further action on the part of any party, ective the date of the court order.
CONSULT ANT or COUNTY agrees to comply with all Federal and local statutes and
ordinances, as applicable, relating to nondiscrimin on. These include but are not
limited to: 1) irtle VI of the Civil Rights Act of 1 4 (pL 88-352) which prohibits
discrimination on the basis of race, color or national 0 igin; 2) Title IX of the Education
Amendment of 1972, as amended (20 use ss. 16 1-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Sectio 504 of the Rehabilitation Act of
1973, as amended (20 use s. 794), which prohib' discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as ended (42 use 88.6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (pL 92-255), as amended, rei ing to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol use and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (pL 9 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or caholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC S8. 6 dd-3 and 29Oee-3), as amended,
relating to confidentiality of alcohol and drug abuse ent records; 8) Title vm 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 .Mnericans with Disabilities Act of
1990 (42 use s. 1201 Note), as maybe amended I from time to time, relating to
nondiscrimination on the basis of disability; 10) Any ~tbc; nondiscrimination provisions
in any Federal or state statutes which may apply to the j,arties to, or the subject matter ot:
this Agreement.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to ha been duly served if delivered in
person to the individuals and addresses listed below, 0 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 corresponde e shall be directed to:
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FOR COUNTY:
Derek V. Howard
Assistant County Attorney
Momoe 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 THlRD PARTY BENEFICIARIE$
Nothing contained herein shall create any relationship, ~ntractual or otherwise, with or
any rights in favor of: any third party.
SECTION XL BINDING EFFECT
The terms, covenants, conditions, and provisions of thjs Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XD. 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 xm. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULT ANT agree that all dis~' tes and disagreements shall be
attempted to be resolved by meet and confer sessions etween representatives of eacb of
the parties. If the issue or issues are still not resolv to the satisfaction of the parties,
then any party shall have the right to seek such relief. r remedy as may be provided by
this Agreement. COUNTY and CONSULTANT speclflcally agree that no party to this
Agreement shall be required to enter into any arbitIlation proceedings related to this
Agreement.
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SECTION XIV. COVENANT OF NO INTEREST
I
CONSULT ANT and COUNTY covenant that neither ~esently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
perfonnance . under this Agreement, and that only i . erest of each is to perfonn and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
COUNTY agrees that officers and employees of tbe i COUNTY recognize and will be
required to comply with the standards of conduct fori 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 agClmcy; unauthorized compensation;
misuse of public position, conflicting employment 'or contractual.. relationship; and
disclosure or use of certain information.
SECTION XVL EXECUTION ~ :!!
:::. 0 S ~
This Agreement, including any exhibits included herein, I constitutes the entire ~ ~ a
between CONSUI:TANT ~ COUNTY~ and supersedJ and controls over all p~~~~ ~ d
or oral understandings. This Agreement may be amend~ supplemented or mod~~ C1J ':J)
by a written instrument duly executed by the parties. '~-2 ~? G ..." %
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IN WITNESS WHEREOF, the parties hereto have exe~ed this Agreement as ofth~ -:: ';0
and year first written above. I' -~;:.' % ~ 0
Date:
~
JO/8 t: JJ~
REID EWING ~
B~'ARD OF COUNTY
C MISSIONERS OF
~~NROE COUNTY, FLORIDA
By:fiJ+r'Jf-~4 )r)~,~
Mayor/Chairman
'1/I~/~q . ,;~~(:':.= C.?UNTY ATTOR'-'
Date: I AI"t lcD AS
Date: (I{' 'f t 'ef
(SEAL)
Attest: DANNY LtOLHAGE, Clerk:
By~r~
Witnesses to REID EWING:
NameClrf'IsIt n~
( Date 5=-/J-dcJo ')
Date 6""-- / <1- /2 tJ 0 ~
Name:,,- '1 d.n ne.ff-€- &nSf.tn
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