HomeMy WebLinkAboutQ. County Administrator
MEMORANDUM
Office of the County Administrator
TO: Board of County Commissioners
FROM: Debbie Frederick
Deputy County Administrator
DATE: July 6, 2010
SUBJECT: County Divisions' Monthly Activity Report for June, 2010
MONTHL Y ACTIVITY REPORT - JUNE, 2010
KEY WEST AIRPORT
. In June passenger figures for May were compiled. During that month, the six airlines
serving Key West International Airport carried a total of 47,352 passengers. This is a
15.7% increase over May of 2009. Total passenger numbers for the first five months
of calendar 2010 are up 16.5% over the same period in 2009.
. The annual FAA inspection of the airport went well in all aspects except one. We
received the first discrepancy in six years of inspections due to the fact that we have
not applied for a wildlife deprivation permit to shoot birds. We have appealed that
decision since we believe that we have other adequate wildlife management
procedures in place and we do not have the need to kill birds on the airport at this time.
. The long awaited Runway Safety Area (RSA) project began construction on June 7th.
We hope to be completed by the first quarter of 20 11
MARATHON AIRPORT
. The annual FAA Part 139 Inspection was conducted on June 3 & 4, 2010. The
Airport was found to be in compliance with all of the requirements of Part 139,
the Airport Certification Manual, and the Airport Operating Certificate; no
discrepancies were noted.
. General Aviation Security Plan, as revised, has been reviewed and approved by
the Aviation Office, Florida Department of Transportation; distribution is
underway
. Airport Emergency Plan (AEP), as revised, has been reviewed and approved by
the FAA; distribution has been completed.
. Airport Improvement Project Application, as revised, has been submitted to the
FAA for Taxiway Pavement Marking Upgrade design and installation, Terminal
Sewer Laterals design and Wildlife Hazard Assessment.
. The Environmental Assessment Project associated with the runway relocation
proposal is on-going. Project funding is through an FAA Grant.
. Airport Rescue Fire Fighting (ARFF), Index A, vehicle is currently being
manufactured; funding for this project is through an FDOT Joint Participation
Agreement (JP A).
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EMPLOYEE SERVICES
I. Web site Updates (other than normal position vacancy updates, etc.):
Benefits:
KPHA Provider Directory Updates
EAP monthly bulletin
Added ADA required wording to website
Human Resources:
Updated 4 job descriptions
Ii. Turnover Numbers To Date:
June 2010 Turnover: .39% Turnover as oflast June 2009: 5.03%
Turnover so far 2010: 3.88%
I Resignations: 0 I Terminations: 0 I Retired: 2 I Deceased: 0 I Layoffs:O
III. Major ActivitiesIMeetings:
. Division Director re-elected as local Toastmaster Association Board Secretary.
Human Resources
· Sick Leave Pool annual report
· Nationwide Deferred Compensation Representative visited Key West
· EEO Officer attended meeting concerning ADA/accessibility issues.
· Drafted policy on ADA complaint procedure.
Risk
. Coordinated Blood Drive for Gato Building
. Met with Pollution Liability carrier representative to perform a site survey of
the Sheriff's Office Aviation site in Marathon.
Benefits (GrouplW orkers Comp)
· Benefits Administrator attended PRIMA Conference and served on Panel
· Health Insurance Benefits Volunteer Review and Recommendations Team
meeting held
· Distributed newly reprinted Plan Documents
· Quarterly KPHA meeting
Safety
. Rewrote the rehabilitation (heat exhaustion) SOP for fire rescue.
. Almost completed the annual Fit testing for the career FF's. I've completed 80
of the 90 employees.
. Made email contact with PW DD to fund matching a grant to put more AED's
into public buildings.
. Visited Toll Booth at card Sound due to recent WC incident and talked about
safety to employees.
BUDGET & FINANCE
Budget Analysts:
. Transfers Prepared: 40
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. Transfers Posted: 226
. Resolutions prepared: 2
. Created agenda items: 1
. Incoming mail: 125 pieces
. Outgoing mail: 105 pieces
. Reviewed contract summaries: 55
. Processed invoices: 36
. SignedPAF's: 18
. Processed Byrne Grant reimbursement request for MCSO(6), Guidance Care
(3), and RSAT grant reimbursement for Guidance Care (2).
. Processed the May 2010 Bank of America purchasing card statement.
. Processed and submitted to Finance the May travel reimbursement for Comm
Carruthers, (1) Public Financial Mgmt invoice, (1) DJJ invoice, (5) AARP and
Comm phone bills, (I)Health Dept. lease, and (1 ) copier invoice.
. Prepared and processed the May BOCC agenda packet.
. Gather info and printed reports for a citizen's public records request.
. Worked on gathering info for the windstorm actuarial's 2009 and YTD
expenditures as per the County Attorney's request.
. Interviews for 7 candidates and selected new employee for the Budget Analyst
position. Prepared P AF and interviewed report. New employee receiving
training on GovMax 5.0, payables and contract review.
. Balanced funds and entered revenue budgets for 13 funds for the FYll budget.
. Prepared presentation slides for funds 102 and 304.
. Processed Byrne (16) grant reimbursement requests, and RSAT (4) grant
reimbursement requests.
. Inputted FY09 revenue actuals in GovMax , input Property Appraiser, MCHA
FYll budget.
. Processed and submitted to Finance the Apr-May travel reimbursement for
Comm DiGennaro (3).
. Prepared and processed the June BOCC agenda packet.
. Worked on FYll TDC Govmax budget upload.
Grants Administration:
. 2011 Byrne JAG County-wide Funding: Organized and facilitated Substance
Abuse Policy Advisory Board meeting; made five applications to FDLE for Byrne
JAG funding; prepared 5 budgets and unit cost breakdowns; prepared agenda
items for approval to apply and approval of applications, prepared 51 % letter and
agenda item, informed other municipalities of use of county-wide JAG funding;
requested their 51 % letters.
. BP Claims: Outreach, collection, tracking of claims for BP spill-related costs
including staff/commissioner time and travel; advertising; televising workshops;
TDC costs; training costs; etc. Preparation of claim filing to BP.
. 2011 HSAB Funding Cycle: Preparing final funding recommendations for budget
hearings and BOCC approval.
. 2011 BOCC Line Items Funding: Preparing final funding recommendations for
budget hearings and BOCC approval.
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. 2011 Residential Substance Abuse Treatment Grant: Prepared and forwarded final
grant application to FDLE.
. USDA Rural Development : Scheduled a pre-application conference for County
and RD staff for August to prepare funding application.
. HUD Sustainable Communities Initiative: Continued to represent Monroe County
at weekly conference call meetings as a contributing participant in effort by The
South Florida and Treasure Coast Regional Planning Councils to facilitate the
creation of a broad based, regional partnership for Southeast Florida and
application for funding pursuant to the federal Sustainable Communities
Initiative. Forwarded MOU to RPC.
. 2010 state JAG grants: Completed quarterly program reports on all grants.
Completed quarterly expenditure reports on regular JAG grants and monthly
expenditure reports on ARRA JAG grants. Reviewed, approved, processed
invoices for all Byrne JAG and RSAT grants.
. 2010 HSO/HSAB contracts: Management of various issues and invoices related to
these contracts, including continued required document certification for all
contracted organizations; questions/clarifications on invoices.
. FEMA: Closed out 2 more large projects for Wilma (9 large projects left to close
out on all 04 and 05 storms.) Also in process of closing out whole storms:
Dennis, Katrina and Rita.
. Strategic Plan: Drafted organizational chart of county-wide strategic priorities and
core services based on community input and division information.
. Budget: Prepared several information slides for budget presentation.
Purchasing Department:
Totals for the month of June 2010 are as follows:
Total purchase orders processed 318
Total orders placed for departments 94
Total orders entered for departments 75
Office Depot orders processed 68
Staples Orders processed 4
We opened 11 bids and processed another 5 which was average from the previous
months. Addendums entered 4, award documents entered 6, contracts reviewed 94,
and bills paid 10, and voided 12 purchase orders. We also processed 1254 pieces of
mail which was average from previous
months.
COMMUNITY SUPPORT SERVICES
Social Services Department (SSD)
In-Home And Nutrition Services (IHNS)
OAA, Older Americans Act Programs:
Nutrition (Information in this section is for the period 5/21/1 0 -6/20/1 0):
. C-1 Congregate Meals totaled 935 units during the reporting period, falling short
of the goal of 1223 units/month. The underachievement is due to the departure of
the seasonal clients and is typical for this time of the year. In August we plan to
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transfer funds to the C-2 Home Delivered Meal program, where the need is
greater.
. C-2 Home-Delivered Meals totaled 2854 units during the reporting period, just short
of the 2856 monthly goal. We added 13 new clients during the reporting period,
reflecting the high year round demand for home delivered meals.
In-Home Services (Information in this section is for the period 04/21/1 0 - 5/20/1 0):
. III-B Screening and Assessment: 5 units this period, 26% year-to-date achieved. 32
clients on the waiting list.
. III-B Homemaking: 96 units this period, 23% year-to-date achieved. 43 clients on the
waiting list.
. III-B Personal Care: 107 units this period, 45.55% year-to-date achieved. 15 clients on
the waiting list.
We have spent $35,414.94,32.32% ofIII-B funds, 9.34% underachieved. Adding another
client will reduce the underachievement.
o III-E In-Home Respite: 92.5 units this period, 58% year-to-date-achieved.
o III-E Facility Respite: 451.25 units this period, 87.85% year-to-date achieved.
We have spent $41,387.03,73% ofIII-E funds, which is 31.33% overachieved. Case
Managers have temporarily suspended bringing clients into the III-E program. We
have transferred one client to another program, and hours at Bayshore Manor will
need to be reduced.
Non-OAA Programs:
CCDA (Community Care for Disabled Adults) for May 2010:
. Case Management: 31.5 units for the month were produced; 157.5 units year-to-
date.
. Homemaking: 144 units for the month were produced; 1554.25 units year-to date.
. Home-Delivered Meals: Monthly units were 180 meals; 2130 meals year-to-date.
. Personal Care: Monthly units were 13.25; 82.75 units year-to-date.
Overall Program Achievement was 69.57%, 21.10 % underachieved.
CCE (Community Care for the Elderly) for the period 4/21/09 -5/20/10:
. Case Management: 135.25 units for the period and 836 units year-to-date.
80.29% achieved year-to-date. There are 127 clients on the waiting list.
. Intake: 11 units achieved and 100 units year-to-date. 197% achieved year-to-date.
. Chore: 32 units achieved and 32 units year-to-date. 100% achieved year-to-date.
. Homemaking: 779.75 units for the period and 7539 units year-to-date. 80.29%
achieved year-to-date. There are 119 clients on the waiting list.
. Personal Care: 641 units for the period and 5549.5 units year-to-date. 96.96%
achieved year-to-date. There are 46 clients on the waiting list.
. Respite: 357 units for the period and 2661.25 units year-to-date. 148% achieved
year to date. There are 10 clients on the waiting list.
o CCE overall is at 91.68% achievement, .32% underachieved, which is
within the target range.
o ADI (Alzheimer's Disease Initiative) for the period 4/21/09 - 5/20/10:
294.25 units were produced in the period and 2161 units year to date.
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o HCE (Home Care for the Elderly Program) for the period 5/16/10 -
6/15/10: 19.25 billable units this period, 216 billable units year-to-date.
Current spending level year to date is at 84.83%,3.84% underachieved.
We have taken on new HCE clients whose units will appear in the final
reporting period.
Monroe County Transit (MCT)
Department Activity for June 2010
. One-way trips provided: 2,030
Unduplicated clients served: 194
Special Needs Clients registered: 402
. Awarded the 5310 FDOT Grant for the funding of a new Paratransit bus and the
5316 FDOT Grant for funding the Mobile Data Terminals/software for the
Trapeze Dispatching and Reservation System. The awards and agreements will be
brought to the board in the fall BOCC meetings.
. Deposited Revenue: $2,256.00
Expenditures: $73,971.76
Percentage Spent Fiscal YTD: 6.6%
Social Services Department -JUNE 2010
Community Support Services
Offices in: Key West, Marathon, Plantation Key
Incoming calls, provision of information and referrals
Unduplicated Welfare client households that received service
New Welfare cases receiving service
Low Income Home Energy Assistance Grant Program cases- 36
Low Income Crisis Assistance cases - 37
Home and field visits 17
Office visits 253
1,269
95
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$8,750.00
$11,656.64
Interesting Community Support Services Updates:
. Ongoing training for the W AP Program for Case Mgr Marlene Steckley.
. Sub Contractual Services sent Robin Dias from Tallahassee to assist Marlene's
home inspections for one week with the Weatherization Program.
Bayshore Manor (BSM)
Bayshore Manor's current census is 16 residents. The current census is five
private pay and eleven subsidized. BSM provided 386.50 hours of OA3E respite
care and 87 hours of Medicaid Waiver this month. Bayshore Manor has seven
OA3E clients and one Med Waiver client.There are two clients on the wait list.
Revenue for June 2010 $36,187.68
Expenditures for the same period $75,302.66
Percentage of the budget spent year to date 71.72 %
LIBRARY
. Library statistics continue to reflect the consistent use and appreciation of Library
services, as circulation for the month totaled 31,698 items and 354 new Library
cards were issued.
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. Library staff answered 6,723 reference questions for our customers during the
month, while 33,265 customers were welcomed at our five branches to use our
on-site services.
. 7,722 public access computer sessions were provided to our customers during the
month and requests for e-government information, referral, and assistance
services continue to pose growing challenge to staff use oflimited time.
. The Library launched a new web presence at www.keyslibraries.org, with a soft
opening in May. Already the site has been embraced by customers, with
comments praising the site's liveliness and feeling of currency. Staff members are
much involved in site maintenance and updating, presenting the ever-changing
face of Library services to our communities.
. Our FY10 budget usage is keeping basically on pace with the fiscal year as we
grow closer to the final months. Our discretionary funds are growing slim, and as
customary for this time of year, we are again calling on our State Aid funding as
well as our donations accounts to fill the gaps. Weare ever grateful to our Friends
groups and generous patrons who continue to donate toward our collection
enhancement in particular. The results of their generosity can be seen in our
circulation figures, as new books playa dominant role in our overall circulation.
EXTENSION SERVICES
. Number of services provided: 441 phone calls, 44 office visits, 18 visits to clients,
15 group teachings with 103 participants, 10 media submissions, and 772
publications distributed. Total Budget for FY 09/10: $186,213.00; Year to Date
Expenditures and Encumbrances: $156,690.86; Remaining Balance: $29,532.14;
Percentage of budget spent and/or encumbered year to date: 84%.
The Extension Director accomplished the following activities:
. Facilitated the monthly meeting of the Monroe County Green Initiative Task
Force: Major item of discussion was the potential for a Property Assessed Clean
Energy (PACE) program for facilitating energy efficiency, alternative energy and
hurricane mitigation within Monroe County. Presentations by Erin Deady, and
Renewable Funding representatives were quite comprehensive (available on MC
GITF Web page). The Task Force also reviewed the draft BOCC resolution to
establish the Florida Green Building Coalition's Commercial Building Standards
for future county government financed buildings. The BOCC approved the
resolution unanimously on June 16,2010.
. Participated in a Webinar, "Southeast sea level rise science and adaptation
planning in Florida and the NW Caribbean" sponsored by Florida Clean Energy
Alliance.
. Participated in a meeting between local fishermen and Congresswoman Ileana
Ros-Lehtinen to discuss concerns about the potential effects of the oil spill on
local fisheries.
. Attended the NOAA FKNMS Advisory Council meeting on the Deep Horizon Oil
Spill regarding local preparations and expected impacts of the oil spill on Monroe
County.
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. Participated in two Florida Sea Grant conference calls regarding actions taken by
Sea Grant personnel throughout the Gulf coast.
. Attended a meeting of lobster fishermen to review and prepare for the joint Gulf
and South Atlantic Fishery Councils lobster committee meeting where I provided
an overview of the new quota management system and the methods being
developed by the respective Scientific and Statistical Committees for establishing
quotas.
. Chaired the first Lobster Stock Assessment Webinar to review available data and
modeling approaches for conducting the stock assessment workshop in
September. This is a joint effort by the Gulf and South Atlantic Fishery
Management Councils and the Florida Fish and Wildlife Conservation
Commission (lead analysts).
The Environmental Horticulture Agent accomplished the following activities:
. Attended the 10th Annual Vermiculture Conference in Durham, NC, which
focused on the latest research on the effects of vermicompost and tea on plant
growth and disease suppression; how growers are effectively marketing
earthworms and vermicompost; and the different technologies that are currently
being utilized.
. Held two Horticulture Advisory Committee meetings, with five members from
the Middle and Upper Keys.
. Went to Sigsbee Charter School, along with a Master Gardener, to meet with
school teachers to determine suitable locations for butterfly and vegetable garden
plots for the upcoming school year.
. Held a Green Industries-Best Management Practices (GI-BMP) Educational
Program Workshop at the Marathon Government Center, with 22 people in
attendance. The workshop was designed to provide training and CEU s for people
who work in the lawn, landscape, pest control, or municipal grounds areas.
. Held four plant clinics (two in Key West; two in Key Largo) with three Master
Gardeners assisting 12 clientele.
. Made four site visits: Key West (2) - Landscape design advice for planting in a
shady location; Palm leaf spot; Marathon (2) - Ground bee problem; Rusty
growth on papaya trunk.
. Updated the horticulture blog, Florida Keys Landscape Advisor, with two articles:
"Digital Diagnostic Identification System (DDIS)" and "Ask an Expert Update."
The Family & Community Development Agent accomplished the following activities:
. Entered data for the Community Greenhouse Gas Emissions Audit, which will be
completed in July. The audit will give residents, staff, and officials an estimate of
greenhouse gas emissions for Monroe County, which will allow comparison of
our emissions with similar counties and provide a measurement tool for emissions
reductions.
. Compiled reports for the Florida Extension Association of Family & Consumer
Sciences, South District, serving as the district chairperson.
. Reviewed and provided edits to the regional grant application for the EP A Smart
Growth Technical Assistance Program.
. Worked on hosting the South East Florida Regional Climate Compact Steering
Committee attended by Commissioner Neugent, County Administrator Gastesi,
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and officials from Miami-Dade, Broward, and Palm Beach counties. Both the
EP A grant and assistance teams were discussed at the meeting.
. Attended the Monroe County Green Initiative Task Force meeting and provided
updates on the grant applications and the Community Greenhouse Gas Emissions
Audit.
. Worked with County staff to develop and submit a grant application for the
Florida Clean Energy Grant to further the County's efforts, energy efficiency, and
retrofits for County buildings. This included a completed application, metrics
calculators, and cost-share information.
. Held workshops in two schools for the High School Financial Literacy Program;
local and national results were shared with staff and administrators.
. Provided teacher training to a group interested in joining the High School
Financial Literacy Program next year.
EMERGENCY SERVICES
Fire Rescue
. 300 firefighter applications were received and process is underway for the annual
firefighter qualification and eligibility list. When completed, this list will be used
to fill any position openings which occur over the next 12 month period.
. Updated several Monroe County Fire Rescue Standard Operating Procedures
(SOPs) and Forms. Some of June's revisions related to sick leave, scheduling,
staffing, overtime, identity theft, and portable and mobile radio operation.
Training
. Conducted Fire extinguisher Training:
o Sea Camp
o Habitat for Humanity
. Firefighters attended the following 40 hr Stated Certified Class in Monroe
County:
o Fire Protection Systems I
o Construction Documents Plans Review
o Fire Service Hydraulics
. Conducted Supply and attack line drills for firefighters.
Fire Marshal
. Completed the annual fire and life safety inspection at Mariner's Hospital.
. Reviewed plans for 2 new housing proj ects in Key Largo and Tavernier.
. Investigated two fires on Stock Island. Stations 8 and 9 responded and the State
Fire Marshal was notified.
Emergency Management
. Attended the Florida International University Pre-Hurricane Season Shelter
Meeting to review shelter space for Monroe County residents during evacuation
process
. Participated on a discussion panel at the Florida Keys National Marine Sanctuary
Advisory Council meeting to address the Deep Water Horizon ongoing
preparedness and response
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. Created and populated 2010 Hurricane Season, and Deepwater Horizon Volunteer
Monroe website Links for Technical Services to design, and launch, Monroe
County Website Homepage for Monroe County residents' easy access to all oil
spill and volunteer information
. Hosted and conducted, in conjunction with State Volunteer Florida representative,
the Monroe County Volunteer Coordination Meeting
Trauma Star/EMS
. Hosted EMS User Group Meeting
. Administered EKG/12 Lead school to 17 Medics From 3 EMS agencies within
the Keys
. Distributed for use new Patient Care Reports
. Attended Florida EMS Advisory Meeting
Upper Keys Health Care District
. No report
PUBLIC WORKS
. Pollution Control removed 27.59 tons of debris illegally dumped in County rights
of way, and 6.98 tons for other departments (7,200 lbs from the Key West
Garage; 660 lbs for the Land Authority, 120 lbs for the Sheriffs Office, and
5,820 lbs. for Public Works in Marathon)
. Pollution Control also picked up a 160 lb dead turtle on Stock Island, and assisted
the Road Department in removing concrete/cement from Buttonwood Drive in
Key Largo totaling 57.63 tons
. Completed repairs on paving equipment
. Began testing recycled/refined oils at the Key West garage
. Prepped surplus vehicle, completed transfer, and put back in service for Code
Enforcement
. Implemented new procedures to improve quality of all Fleet closed work orders
. Implemented new maintenance/repair procedures to improve reliability of
County's emergency power generators
. Implemented new procedures to improve quality of emergency generator work
orders and documentation
. Completed surplus vehicle bid package for bid opening on 7/22/1 0
. Painted the Public Defender's office in Marathon
. Replaced water heater at the Roth Building
. Installed new 4-ton a/c system at the Marathon Jail
. Installed new window a/c unit at Conch Key Fire Station
. Replaced bad breaker at Public Works Office in Marathon and coordinated with
FKEC to correct dropped phase problem
. Replaced condensing fan motor on ACU1A at the Marathon Gov't. Center
. For the month of May, 91% of requested work orders for the middle keys
operations were completed within three days
. Completed the ADA ramp at the Key West Dog Park
. Installed new bike racks at the Harvey Gov't. Center and Higg's Beach
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. Continued work on cleaning out storm drains
. One event scheduled at the Nelson GC required two hours of staff overtime
. Poured and finished a concrete slab at the Nelson GC for equipment shed
. Completed safety upgrades for Court House elevator inspection and cleaned jury
room carpet
. Completed alc repairs at the Key Largo Library
. Repaired door lock at the Key Largo Park concession stand
. Fabricated three signs for the Nelson Gov't. Center
. Obtained free boulders from the KL WTD and stored them at Harry Harris Park
. Removed illegal dumping from Buttonwood Drive, KL Trailer Village, and
blocked area with boulders
. Hurricane season coconut trimming at the Conch Key Fire Station
. Completed the Long Key Transfer Station entrance road resurfacing
PROJECT MANAGEMENT
. ADA Compliance Survey and Assessment - Public review of the Evaluation
Assessments reports placed in the Key West Library, Marathon Library and Key
Largo Library is ongoing.
. ADA Compliance Transition Plan - We have received and reviewed the draft for the
upper keys locations in May 2010 and the middle keys locations were received in
June 2010 for review.
. Warranty Support to Public Works - Staff continues to provide on-going warranty
support to Public Works for the Murray Nelson Government Center, the Freeman
Justice Center, Big Pine Park, Medical Examiner Facility and the Big Pine Key Fire
Station #13.
. Litigation Support to the County Attorney Office - staff continues to provide on-
going litigation research, documents, and support for the Freeman Justice Center,
Tower Group v. Monroe County as well as Monroe County v. Gonzalez Architects
o Gonzalez Architect's Litigation - staff s findings regarding costs to the county
due to design errors by architect forwarded to attorneys. Meeting held with
Project Management, consultants and County Attorney's on October 15th 2009.
On going litigation. Second meeting with Legal was held on January 22nd, 2010.
Litigation is on going.
. Grant Research, application and administration - ongoing process
. ARRA Stimulus Fund Grant- Staff is actively researching and reviewing available
fund grants.
. SFWMD Fund Grants FY20 1 0 - Staff creating budgets, scope of work and proj ect
schedules to submit to SFWMD for stormwater drainage improvements grant funding
in FY2010. Following grants were submitted: Conch Key Fire Station
Stock Island Fire Station
Marathon Court House
Duck Key Waste water
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. SFWMD Grant Reports and Reimbursements: Staff has submitted progress report and
reimbursement request for storm water work completed. Waiting response from
SFWMD. No change.
. TDC Fund Grants - Staff prepared and submitted applications for six (6) projects
which have received DAC approval and TDC approval. Request for proposal (RFP)
approved by Legal and presented to the BOCC in January 2010 for E. Martello
emergency stairs and interior access stairs.
o East Martello Tower- construction of emergency fire stairs and repair of interior
access stairs.
BOCC on January 20th,s meeting approved Bender and Associates as the
Architect for the East Martello Stairs Project. Bids were submitted for
construction and opened March 25th 2010 lowest bidder was Pedro Falcon
Electrical Contractor. BOCC meeting May 19th 20 1 a-APPROVED. NTP
(Notice To Proceed) was issued June 4th, 2010. Waiting for County permit to
start work.
o West Martello Tower - demolition and replacement of existing perimeter
fencing. BOCC meeting May 19th 2010-APPROVED Drawings complete
proposals being requested in July 2010.
o East Martello Tower-Brick and Mortar application for repair of brick exterior
and interior. Project scheduled to take ten (10) years to complete. DAC-1
approved April 14th 2010 and TDC approval April 2ih 2010. BOCC meeting
May 19th 20 1 a-APPROVED. Drawings complete proposals being requested in
July 2010.
o East Martello Tower- Renovate/remodel the existing bathrooms and make ADA
compliant. DAC-1 approved April 14th 2010 and TDC approval April 2ih 2010.
BOCC meeting May 19th 2010-APPROVED Went out for bids on Demandstar
June 2ih, 2010 to be opened July 2ih, 2010.
o West Martello Tower- Brick and Mortar application for repair of brick exterior
and interior. Project scheduled to take nine (9) years to complete. DAC-1
approved April 14th 2010 and TDC approval April 2ih 2010. BOCC meeting
May 19th 20 1 a-APPROVED. Drawings complete proposals being requested in
July 2010.
o Aids Memorial- Additional Aids memorial units to be added to the existing
memorial. DAC-1 approved April 14th 2010 and TDC approval April 2ih 2010.
. TDC Grant Compliance Inspections and Pay Applications Review - Inspections and
reviews for TDC projects were done on the following projects:
o Butterfly Garden TDC project application review complete
o Sombrero Beach Playground Equipment Replacement TDC project application
review complete
o Tennessee Williams Theater Fire Curtain TDC project application inspection
complete, close out in progress.
o Schooner Western Union phase three of four completed.
. Freeman Justice Center- All Construction Completed - Close-Out Phase on-going
o Braswell on site correcting grout problem(s) on going work.
. Emergency Operations Center - Marathon Airport
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. Design Development phase: Final construction documents based on the original site
are on hold. The County has received a cost proposal from the AlE to re-engineer the
building for a different site should the FAA not relent in it's opposition to the
proposed site. That proposal is approximately $69,000.00 plus any required
geotechnical and survey costs.
Grant agreements for the $200,000.00 FY DHS program for the generators have not
yet been received. An extension of three (3) years for the original HB7121 grant
funds (State EOC grant) based on the delays in approval of FEMA HMGP grant was
approved and accepted by the BOCC at it's June 2010 meeting. Terms of the FEMA
HMGP funds prohibit the start of construction until after the award is formalized by
FEMA.
o EOC Grant Reports and Reimbursements:
· HB7121Grant: We have received from the State's Grant Coordinator-
$48,889.59 for last quarter Dec. 31 st 2009.
· Federal HMGP Grant: We have received from the HMGP Grant
Coordinator $14,451.00 for last quarter Dec. 31st 2009. Grant will
expire Dec. ih 2010.
· We are expecting reimbursements in the amount of $172,366.31 for
the quarter January-March 2010 and $97,000.00 for the quarter April-
June 2010
. Big Pine Key Fire Station -Construction Complete.
Certificate of Occupancy issued August 10, 2009. All warranty issues are being
addressed by the Contractor (PFEC). Correcting any outstanding issues.
SFWMD Grant Reports and Reimbursements: Staff has submitted progress report
and reimbursement request for storm water work completed. Waiting response from
SFWMD.
. Medical Examiner's Facility Wetlands Mitigation - Approval was granted by the
BOCC at its May 19th 2010 meeting to transfer the contract (from the GC to his
subcontractor) for monitoring required by the SFWMD permit. A request was
forwarded to the USACOE for confirmation of the additional work required to satisfy
the USACOE Enforcement Division's interpretation of the permit. Included in that
request was a request for an extension of the time to complete until December 31 st
2010. The additional work requested by the USACOE results from a difference in
interpretation between the County and the USACOE. The County has started
discussions with the SFWMD that may result in funding of the additional work by a
separate SFWMD permit holder who requires additional mitigation credits. Public
Works has agreed to perform the work on a cost reimbursement basis. The project
does not currently have sufficient balance to pay these charges.
No Changes. Still waiting USACOE response to County's request.
. Conch Key Fire Station- All permitting is in place. Started preparation of bid package
in anticipation of release sometime during summer 2010. Otherwise no change in
status.
o Grant Submittal: Grant requesting a 50 % Federal match in the amount of
$1,351,529 for the construction of the Conch Key Fire Station is in federal
review process. Grant request was denied.
13
. Marathon Courthouse Renovations - RFP was approved by the BOCC at it's June
2010 meeting and has been issued via Demandstar. The bid opening is scheduled for
Aug. 4th, 2010.
. Stock Island Fire Station - Several properties have been offered for sale to the County
and several others have been offered with construction of a new station included.
There are approximately twenty one (21) locations that have been investigated as
possible locations for the fire station. A report was submitted to the County
Administrator before the May BOCC meeting. PM is actively investigating (as
directed by the BOCC on May 19th 2010) the possibility of purchasing the site known
as Key West Welding for redevelopment as a fire station and additional uses
(document storage, office space, PW facility, etc.)
At this time the County has requested two (2) independent appraisals of the property
and the owner has
requested one. We are awaiting the reports; there is ongoing research into the Monroe
County Code for
compliance of the Change of Use and the proposed construction.
. Surface Water/Storm water Management Reviews - Completed for (4) storm water
reviews for Growth Management and one extensive on site review of implementation
(BPK)
. Review of New State Storm water Rule Process- Participated in a seminar and initial
discussions with FDEP/SWFMD about the schedule and implications for the County.
. Higgs Beach Master Plan -Architect selected. William P. Horn Architects, P.A. has
been selected and a contract was approved by the BOCC at the March meeting. A
meeting was held with Friends of Higg's Beach on April ih, 2010. First of three (3)
Public Meetings was held at the Harvey Government Center on June 22nd 2010, 6:00
pm-9:00 pm. At the May 14th meeting with the Higgs beach committee Mr. Horn did
a presentation of where we are with the plan and what we propose to accomplish. The
committee also supported the ideas of an expansion of the AIDS Memorial with the
note that it must comply with the new master plan and the codes.
. Nelson Gov't Center - Ongoing support for post occupancy warranty work continues.
. Pump out boat location & sewer connection- Marine Resources has identified
tentative preferred areas for pump out facilities and provided a map of the general
locations. No further action has been taken by Project Management. No change.
. Layton Fire Station Feasibility Study- Further investigations are on hold pending the
outcome of the Conch Key/Grassy Key reviews. Still on hold.
. Review of EP A's Proposed Numeric Nutrient Criteria (NNC) Rules- Met with EP A
Region 4 officials in Atlanta on May 5th 2010. Met with local EPA contact for the
National Marine Sanctuary with Commissioner Neugent on May 20th 2010. Atlanta
based officials were not especially receptive to our RAD acceptance arguments but
agreed to provide informal feedback. Local EPA rep was helpful in developing a
strategy to get EP A review of RADs by the responsible official.
Met with EPA reviewer ofFKRADs on June 8th 2010. Next discussion likely at July
ih 2010 Water Quality Steering Committee meeting.
. Wind Energy Demonstration Installation- Vendor has re-drafted a proposal.
Preliminary discussions with City of Marathon Planning Dept. about height
limitations on June 16th, 2010 were supportive.
14
. Space Analysis and Management Study- PM collaborated in the evaluation of
alternate approaches to evaluating how to optimize County space utilization.
Tentatively identified a much reduced scope of study to evaluate reduction of rental
expenses for the County Attorney and Public Defender. A report will be submitted to
the BOCC at a later date. No change.
. Adoption of a Green Building Standard for the County- Project Management has
reviewed and provided comments on adoption of an environmental standard proposed
by Extension Services. The standard proposed is a revision to the Florida Green
Building Coalition (FGBC) which was not yet complete at the time of review. We
reviewed one project (Marathon Courthouse Renovations) against the existing FGBC
standard dated June 2004 and determined that evaluation of a project by these
standards will require additional AlE services. Initial indication is that our existing
designs may require some additional tuning to meet the FGBC standards. We
currently do not have sufficient technical resources in house to fully evaluate how to
comply with the mandate to adopt a green standard for new/renovated County
buildings.
. Projects On Hold
o Public Works Rockland - on hold.
o Jefferson B. Browne Building - on hold.
o Old Tavernier School Town Meeting Hall - on hold.
o Conch Key Fire Station-on hold.
TECHNICAL SERVICES
We completed 172 work orders, began posting updates for the BP oil spill daily on our
web site, created two new websites - volunteermonroe.info and keysspill.info to support
the response to the BP oil spill, started training program for Office 2010 upgrade, brought
online new WebEOC program for emergency management, upgraded public wired
computers internet connection at the library, pushed out new Microsoft security updates
and updated library computers.
VETERANS AFFAIRS
Clients Assisted: 2143
New Clients Assisted: 65
Field Visits 11
Benefits Delivery At Discharge 5
Van Clients Transported: 175
(to the V AMC, Miami as well as other Miami area hospitals, without incident)
The Veterans Affairs Department:
The financial data for the month of June totals to $212,716.00 and indicates the amount
of new revenue brought into Monroe County derived from claims for the entire
department, including Key Largo and Marathon.
The financial data captured monthly will vary due to the Veterans Administration
variable time frame on adjudication of awards, as well as the amount awarded.
15
GROWTH MANAGEMENT
2008,2009,2010 Planning, Code Enforcement, Environmental Restoration and Boating
Improvement Fund Revenue
Revenue Ending June
2008 2009 2010
Planning $527,913 $452,419 $365,736
Code Enforcement $91,528 $228,688 $188,722
Environmental Restoration $670,734 $88,340 $99,267
Boating Improvement $365,847 $443,269 $438,806
TOTAL $1,656,022 $1,212,716 $1,092,531
(2008 = KL Wastewater Mitigation$)
REVENUE ENDING JUNE
$1,800,000
$800,000
.2008
$1,600,000
$1,400,000
$1,200,000
$1,000,000
.2009
.2010
$600,000
$400,000
$200,000
$0
Planning
Code Envi ronmenta I Boati ng
Enforcement Restorati on Improvement
TOTAL
16
2008,2009,2010 GROWTH MANAGEMENT EXPENSES
EXPENSES ENDING JUNE
Budget
FY'10
Total
Expenses
FY 2009
Total
Expenses
FY 2008
FY 2008
Expenses
Ending
June
%
Variance
Expenses
Ending
June FY
2010 from
June FY
2009
Growth Mgmt. $903,834 $455,898 $648,098 $567,530 94%
Admin.
Geographic Info. $287,555 $230,509 $181,935 $115,652 156%
(GIS)
Planning $1,040,834 $899,234 $878,366 $651,438 115%
Comprehen-sive $221,000 $46,045 $74,655 $41,879 2744%
Plan
Planning $98,142 $84,698 $88,345 $62,225 91%
Commission
Enviromnental $275,222 $268,992 $330,016 $242,043 94%
Resources
Marine Resources $52,850 $51,876 $84,753 $64,821 96%
Code $1,159,509 $1,047,668 $894,006 $629,474 120%
Enforcement
Pump-Out Boat $67,443 $70,250 $64,640 $44,408 85%
Boating Imprv. $750,000 $329,028 $399,813 $269,914 62%
Enviromnental $305,728 $128,739 $101,954 $95,440 147%
Restoration
GIS Office
GIS Projects
FLUM: Editing Complete - Ready for Planning approval
Tier Committee GIS Preliminary Maps
FLUM Amendments - Planning (maps for Ads and Meetings)
Flood Management - GIS Web App
GIS Server/Intranet Site Maintenance and data updates/editing (on-going)
GIS Data/Map Requests
TDRC Maps/Data - Group 2 - "101" Parcels
17
Lloyd Good Map Amendments
Park GIS Data Request, ADID - Keith & Schnars
Tier/Land Cover/Species Analysis - Growth Management
Wisteria Island Land Cover Habitat Mapping
Wisteria Island - Jurisdictions Map - Planning
General map proj ects - Growth Management
Addressing
25 Address Assignments
Code Enforcement Department
Number of New Cases Opened 259
Number of Inspections completed 1344
Number of Cases Heard before Special Magistrate- 55
Fines & Fees Collected $19,976.00
Number of Contractor Citations Issued 14
Totals Collected $ 19,976.00
Planning & Environmental Resources
Current Planning Category
Appeal to Planning Commission in Progress.......................................................................... 2
Appeal to DOAH in Progress ................................................................................................. 2
Alcoholic Beverage Applied......................................................................2
Alcoholic Beverage Completed... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...1
Alcoholic Beverage in Progress............................................................................................... 2
Code Enforcement Referral (estimated at 1 per week per Current Planner (4 ........................ 16
Conditional Use, Major Permit issued ..................................................................................... 1
Conditional Use, Major in Progress..............................................................7
Conditional Use, Minor Permit in Progress............................................................................. 2
Condi ti onal Use, TD R issued .................................................................................................. 1
Conditional Use, TDR in Progress........................................................................................... 1
Development Agreement Applied............................................................... 1
Development Agreement in Progress............................................................1
Home Occupational Permits in Progress................................................................................. 1
Public Assembly Permits Applied ........................................................................................... 2
Public Assembly Permits Issued.............................................................................................. 3
Public Assembly Permits in Progress...................................................................................... 2
Road Abandonment in Progress............................................................................................... 5
Variance Administrative in Applied........................................................................................ 3
Variance Administrative in Progress....................................................................................... 4
Variance, Planning Commission in Progress........................................................................... 1
Variance, Planning Commission in Progress........................................................................... 1
Permits Reviewed & Processed............................................................................................... 141
Vacation Rental applied........................................................................................................... 1
Vacation Rental applied........................................................................................................... 1
ROGO related applications
ROGO Exemptions Applied.................................................................................................... 6
ROGO Exemptions/Denials Issued.......................................................................................... 6
18
Mixed Use Category
LUD Map Amendment Applied... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
LUD Map Amendment In Progress .........................................................................................3
MCC Text Amendment, Initiated............................................................................................ 3
MCC Text Amendment, In Progress .......................................................................................8
LDRD Issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Customer Service
In-person inquiries estimated at 5 per day per planner (2) ................... ............................ 300
Telephone inquiries estimated at 10 per planner (7) per day................................................... 2100
Email inquiries estimated at 5 per planner (7) per day............................................................ 300
Request for Research
Applications..................................................................... .................................. 1
Letters of Understanding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Historic Preservation Committee Application...................................................1
Administrative Meetings
Development Review Committee - 2 meetings, 4 items
Planning Commission - 3 meetings, 12 items
COMPREHENSIVE PLANNING CATEGORY
Kathy Grasser, Comprehensive Planner
Reviewed Keith & Schnars' invoices ...................................................................................3
Updated Comp Plan Calendar................................................................................................1
Printed 4 color copies of calendar........................................................................................ ..1
Met with Comp Plan team on scheduling ..............................................................................1
Printed amended schedules from consultants........................................................................1
Informal Meetings.................................................................................................................. 3
Reviewed Technical Document.............................................................................................1
Attended On-site Monthly Meeting with Keith & Schnars ................................................... 1
PROJECTS:
Krause
Formal meetings with lawyers..............................................................................................2
Informal meeting with assistant County Attorney................................................................. 8
Telephone calls
Overlay
Edited overlay ad, AIS, ordinance and staff report for June 16 BOCC meeting...................1
Tel econference with GMD, PD, and resi dent........................................................................ 1
Telephoned property owner re: time of hearing...................................................................1
Assisted Gail Creech with revising PDF agenda item packet for Connie Cyr ...................... 1
Emailed DCA BOCC packet.................................................................................................1
Set up meeting with staff and applicant.................................................................................1
Set up meetings with staff and traffic consultant...................................................................2
Met with staff and traffic consultant......................................................................................1
Good LUD
Emailed DCA BOCC Packet.................................................................................................1
Talked to appli cant.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. ..4
19
Set up meeting with applicant................................................................................................1
Wrote emails explaining zoning............................................................................................1
Wrote 4 page report on FL UM and zoning process............................................................... 1
Emails to and from SugarloafResidents................................................................................1 0
127 FLUM Adoption
Edited BOCC packet.............................................................................................................. 4
Finalized BOCC packet .........................................................................................................1
MDJ Investments
Edited BOCC packet for June 29 special meeting.................................................................4
Finalized BOCC packet .........................................................................................................1
Informal Meeting with Assistant County Attorney ..............................................................1
Wrote applicant telling of status of project.......................................................................... ..1
Wisteria Island
Reviewed and edited formatting of Wisteria Island FLUM staffreport................................4
2009 Public Facilities Capacity Assessment Report
Edited Report........................................................................................................................ .1
CBRS
Updated document book ........................................................................................................8
Sent new documents to Key West.........................................................................................2
Comprehensive Planning Staff Meetings
~~~s.................................................................................................................................2
Met with Planning Director on proj ect list............................................................................ 1
Assisted Staff
Line Numbering.................................................................................................................... .1
Cleaning out Outlook Emails.................................................................................................1
Excel sorting and merging.....................................................................................................1
Word Tables........................................................................................................................ ...1
GIS.........................................................................................................................................1
MS Word formatting.............................................................................................................. 4
Informal Meetings
Met with Transportation Planner re: Overlay.......................................................................1
Met with Sf. Admin., Environmental Resources re: possible ROGO allocation.................. 1
Met with Biologist re: possible ROGO allocation on BPK ..................................................1
Policy Research
Researched ordinances for Code case with K. Windsor on vacation rentals......................... 1
Education
Planning Law Review Webinar .................................... ....................................................... ..1
AP A Podcasts...................................................................................................................... ...3
Recei ved Email s. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .245
Sent Emails: ......................................................................................................................... ..212
Mi sc Received and Sent Del eted Mail................................................................................... 84
Comprehensive Planning
Mitchell Harvey, Comprehensive Plan Manager
Development Review Committee
~~~s........................................................2
20
Planning Commission
Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ 3
Comp Plan Update Teleconference with Keith & Schnars to review progress.............1
Comp Plan Update meeting with Keith & Schnars to review draft Existing Conditions of
7 Technical Document Elements................................................................. 1
Planning Law Update
Teleconference... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...1
Comp Plan Team Meeting... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....2
Reviewed planning staff reports... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....2
Prepared staff reports for Wisteria Island and Transient Use Comp Plan Amendments... 3
Prepared BOCC agenda summaries and backup for Wisteria Island
and Transient Use Moratorium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Teleconference with DCA regarding Wisteria Island..........................................1
Responded to E-mails and phone calls... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
Environmental Resources
Code Enforcement
Referral. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Land Authority ReferraL....................................................................... ......2
Long Dock Variance Application.................................................................. 2
Permit Application Site Visit [est.]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
Site Visits [Miscellaneous] Turtle Stranding....................................................4
Written Correspondence/ Biological Assessments
Administrative Relief /Beneficial Use............................................................4
Code Enforcement Assessment Memo......................................................... 5
GIS Map - Assorted........................................................................... 39
GOCEA Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Long Dock V ariance Memo/Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
MEETINGS:
FWS/FEMA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
DRC.............................................................................................2
PC......................................................................................................3
OTHER:
Phone Calls
[Estimated] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400
Front Counter Walk Ins
[Estimated]..................................................................... 300
Marine Resources Offices
. Completed removal of fourteen derelict vessels
. Provided for two citizen derelict vessel disposals at County transfer stations
. Coordinated with DEP Division of State Lands regarding security issues at the
end of Summerland Rd on Key Largo
. Coordinated with FWC regarding revision of marker language for regulatory
zones in Key Largo
. Conducted Marine and Port Advisory Committee meeting
21
. Coordinated with Comp Plan Manager on local and state regulations and
enforcement policies in association with waters adjacent to Wisteria Island
. Continued coordination and project development for the coastal trap cleanup
proj ect
. Developed pump out program policies for submittal to BOCC
. Reviewed monthly anchoring survey reports and submitted required forms to
FWC
. Coordinated with NOAA on education and outreach in regard to pump outs for
vessel operators
. Coordinated with DCA on objectives for necessary revisions to the Marina Siting
Plan
. Performed review of procedures for establishing Special Anchorage Areas in the
Keys
. Coordinated with City of Key West on potential for maintenance dredging in the
Riviera Canal
. Reviewed historical information pertaining to end of road and boat ramp on
Conch Key
. Developed bid package for new County pump out vessel
. Coordinated with City of Key West to provide match funding for a new pumpout
vessel
. Coordinated with Engineering regarding a new boarding dock at the Big Coppitt
boat ramp
. Attended multiple public meeting on the Wisteria Island development project
. Coordinated with the Village of Islamorada regarding additional signage to
protect the flats off of Windley Key
. Worked with the owners of Blanche Bergin Marine Park to assist with the
removal of derelict and abandoned vessels
. Conducted channel marker surveys in the Key Largo area
. Repaired channel markers at Cow Key Channel
. Coordinated with FWC, USCG, and Sheriff s Office regarding a Cuban raft in
Hawk Channel
. Coordinated with FWC to provide abandoned vessel regulation information
through registration mailers from the Tax Collectors Office
. Coordinated with a home owners association in Islamorada regarding necessary
repairs to a jetty
22
BUILDING DEPARTMENT
NUMBER OF PERMITS JUNE 2010 MAY 2010 *4/1/-/23/10
APPS SUBMITTED 691 640 591
PERMITS ISSUED 572 525 558
WALK THRU 71 85 15
CERT OF OCCUPANCY 31 12 6
INSPECTIONS
TOTAL 2440 2495 1744
AVERAGE PER DAY (22 working days) 111 125 (14) 125
PER DISCIPLINE: BUILDING/ROOFING 1036 982 739
ELECTRICAL 289 334 217
PLUMBING 828 939 559
MECHANICAL(A/C) 102 71 80
GAS 6 10 9
PLANS REVIEWS
TOTAL 2868 2826 2734
AVERAGE PER DAY (22 working days) 130 141 (14) 195
PER DISCIPLINE :ABO 158 126 214
BIO 69 67 47
BIO PEND --- ---- ----
Code Enf 1 --- 2 ----
CODE ENF 2 8 4 --
CODE ENF 3 4 2 2
COORD 99 85 69
ELECT 41 48 57
EXAM 99 112 110
FEMA 1 ---- 10
FILE 1 4 4
FINAL --- ---- ----
FIRE 6 14 10
FLOOD 59 56 76
MAR-BLDG 390 381 271
MECH 31 32 26
OFFICIAL 16 26 10
PENDING 7 6 8
PLAN 51 51 29
PLUMB 32 27 33
READY 1 5 6
ROGO 9 ---- I
ROGO READY --- ---- ----
ROOF 9 7 1
S.I. BUILDING 128 163 126
UK-ABO 82 85 85
UK-BIO 130 121 95
UK-BLDG 465 446 494
UK-CODE 37 38 20
UK-COORD 415 356 230
UK-ELECT 99 69 54
UK-EXAM 161 163 133
UK-FILE 2 4 12
UK-FIRE 64 81 35
UK-PENDING 31 35 46
UK-MECH 23 23 26
UK-PLAN 85 116 81
UK-PLUMB 36 36 29
UK-READY 9 3 270
23
1 UK-ROOF 1 1~ 1 151 1~ 1
UK-TRACK 16
liE, 2010 REVENUE PERMITS INSPECTIONS PLAN REVI EW
per Keys $114,142 343 1,006 1,645
c1dle Keys $144,434 184 916 1,060
",er Keys $26,451 45 290 163
TAL $285,027 572 2,212 2,868
MONROE COUNTY,
GROWTH MANAGEMENT-
BUILDING DEPARTMENT
REVENUE-JUNE, 2010
$144,434
$ 114,142
$26,451
Upper Keys
Middle Keys
Lower Keys
24
1800
1600
1400
1200
1000
800
600
400
200
0
Upper Keys
J PERMITS
=1
. INSPECTIONS
Middle Keys Lower Keys
PLAN REVIEW
o-.."':~:::'?r!f;..;'
~~~~...~
~ Crsl (ij'-'il ~i.
c\4fft(. 1m ~
-\~..L I 1111k1 ~i
..~-.,.._ I , .~....~.
~.I'~_...J .....--- -.a.........
c~~~~
.i!{; :\~\.
;t ,
\.
A '';;''''
r
:'1'
,.
I.
'v~
\:
,
"'"
~'>;,=.
$26,4S1
\
"'~\
"0:.,-
. 1\.
$'114,142
\\
'''',\
~~~.
;....,
0,-7
"""=>::~J_-o..:,:.,....,~~~ ~~
Upper Keys i8 Middle Keys
25
MONROE COUNTY,
GROWTH MANAGEMENT-
BUILDING DEPARTMENT
JUNE, 2010
MONROE COUNTY,
GROWTH MANAGEMENT-
BUILDING DEPARTMENT
REVENUE-JUNE, 2010
Lower Keys
2,500,000
1,500,000
MONROE COUNTY,
GROWTH
MANAGEMENT-
BUILDING
DEPARTMENT
REVENUE ,JUNE, 2010
Upper Keys
. Middle Keys
Lower Keys
TOTAL
2,000,000
1,000,000
500,000
o
.
.
.
.
I
April, 09 April, 10 May,09 May,10 June,09 June, 1lDY - June,1OO- June, 10
Inspections, 2010 vs. 2009
April, 09 April, 10 May, 09 May, 10 June, 09 June, 10 FY - 06/09 FY - 6/10
Building 1,063 1,023 1,052 1,053 629 1,006 9,962 9,030
Plumb/Mech 356 952 334 1,026 277 916 3,064 7,899
Electrical 293 309 297 318 266 290 2,907 2,652
Total 1,712 2,284 1,683 2,397 1,794 2,212 16,763 19,851
26
25,000
Build ing
. Plumb/Mech
Elect rica I
Total
20,000
MONROE COUNTY,
GROWTH MANAGMENT-
BUILDING DEPARTMENT
INSPECTION REPORT
JUNE, 2010
15,000
10,000
5,000
o
-
.
-
.
.
I
~"::";:;;:[j"~':':";~''''
:'i~" ~ '8 '., ': \'\
,,;' <n'"
"- . ~
\'"\ . /,..../
0:.." 'j
~"'T'. .,. ~~......-
April, 09 April, 10 May,09 May,10 June, 09 June, 10
FY - FY - 6/10
06/09
June, 2010 Total # Average 22 days
Upper Keys-Building-Acker, Scott 385 17.s0
Lower/Middle Keys-Electrical-Albarran, Mike 134 6.09
Lower/Middle Keys-Building-Bowden, Mike 197 8.96
Upper Keys-Elec/Plumb/Mech/Bldg-Kasprzak, Adam 323 14.68
Lower/Middle Keys-Building-Phinney, Tucker 182 8.27
Lower/Middle Keys-Plumbing/Mechanical-Seliers, Corey 266 12.09
Upper Keys-Building/Elec/Plumb/Mech-Suliivan, Steve 390 17.73
Upper Keys-Plumbing/Mechanical-Tugweli, Paul 269 12.23
27
450
400
350
300
250
200
150
100 I
50
0 . Total #
Total # of Inspections - June. 2010
~e, ~e, (:' <t ",;,' {;>' ~
.j:.' .j:.' '0"1> (f ~e, .,.;."1> ~"I>
"', ......, ";>> ~v r;,C ~ ~,
"1>" <2)" ~, " :x ~ ~\c
,,' ~ /1,"1> e,-- ' . <;,."1> x::: ""'~
:a o.:f. ., <:' ~ " ~,;;;,.-.;;
:x~'Q ~ *-'lj';~ 9.'i:r (5:'''1> ~~c ~
. (,7> '&~% '1>..'0% . {;>% ~c (:''0 ~c.;
.y' 0~ ~ .~O' iJ ,<<.'-v (5:'''1>
~ ~ (5:' # $ 0 _~
~ ~ # q (:' ~ ~.
,*-e,~ +C '::Q\ +C~ 9.,-v iJ .{'o.?
~c >.&C 'V~ ,"e, Aq ~'6,<:, i$''Q
>'v _ i.'v <'>' >.V .1 e, ,$' ~v
_ ~V ,~ 0' _ t...'V ~ 9;i 9.
~ r[' ~~c ~. &c Aq Aq
r[ ~ N e,' _~~ +C ,*-C
~ ~ .l8 ~ ~. r[ r[
e;<"'" ~c 0~~ 0~~
0~~ vO
~
<;,.0
'?
c"
(f
%";>>
,&<:'
,y.
qQj
+c~
r[
0~~
FY Annual # of Permits
2006-07 2007-08 2008-09 10/09-6/10
Upper Keys 2,956 2,718 2,386 2,880
Middle Keys 2,176 2,144 2,233 1,640
Lower Keys 1,058 936 1,262 933
TOTAL 6,190 5,798 5,881 5,453
28
7,000
6,000
5,000
4,000
3,000
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25000
20000
15000
10000
5000
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MONROE
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MANAGEMENT-
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DEPARTMENT
PERMIT COUNT
JUNE, 2010
:J TOTAL
MONROE
COUNTY,
GROWTH
MANAGEMENT-
BUILDING
DEPARTMENT
PLAN REVIEW
REPORT
JUNE, 2010
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2006-07
. Middle Keys
29
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Lower Keys
BOARD OF COUNTY COl\fMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 21. 2010 - KW
Division: County Administrator
.
Bulk Item: Yes XX No
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING:
Approval of Professional Services Agreement between Floridian Partners, LLC under the exception to
the competitive bidding process as set out in Chapter 4B of County Purchasing Policy for consulting
services, including lobbying, for a one-year term retroactive to July 19,2010 through July 18,2011.
ITEM BACKGROUND:
Staff has received positive comments on the efficacy or Mr. Reyes as a lobbyist and has determined it
remains in the best interest of the County to enter into an Agreement with Mr. Reyes for another one
(1) year term retroactive to July 19,2010 through July 7/18/2011. Chapter 4 of the County Purchasing
Policy defines a consultant as a professional service and under Section B allows professional services
to be exempted from the competitive bidding process by approval of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
7/19/2006 BOCC approved Professional Services Agreement
8/15/2007 BOCC approved First Amendment to Professional Services Agreement
8/20/2008 BOCC approved Second Amendment to Professional Services Agreement
7/15/1009 BOCC approved Agreement for another I-year term to expire 7/18/2010
1
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Not to exceed $60,000
BUDGETED: Yes ~ No
COST TO COUNTY:
SOURCE OF FUNDS: 00101-530310
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~:MB!purChaSing _ Risk Management_
DOCUMENTATION:
Included XX
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Floridian Partners LLC Contract # -
Effective Date: July 19, 2010
Expiration Date: July 18, 2011
Contract Purpose/Description:
Professional Services Agreement for one (1) year for continuig Strategic Governmental
Consulting Services
Contract Manager: Connie Cyr 4443 County Administrator/Stop # 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 7/21/2010 Agenda Deadline: 7/6/2010
,
CONTRACT COSTS
Total Dollar Value of Contract: $ Not to
exceed
$60,000
Budgeted? Yesrg] No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
00101-530310-_-_-_
- - - -
- - - -.............. ~
- - - -
---~~
- - - -
- ............... - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director - YesD NoD
FUskManagement - YesONoO
O.M.B./Purchasing - YesO NoD
County Attorney /p -:U -/0 YesD No~kpA<<~ )(JtU-u/ ~";;l.'6' /0
Comments: ;)adetfJ ~ ei1Ja:&/ ~l oO<-<J/-J~ WIM- /)fr- i2r:~/
I
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of July, 2010, by and between
Monroe County, (hereinafter referred to as "COUNTY"), a political subdivision of the State of
Florida, through the Monroe County Board of County Commissioners ("BOCC"), whose address
is 1100 Simonton Street, Key West, Florida 33040, and Floridian Partners, LLC (hereinafter
referred to as "LOBBYIST" and fOlmerly known as Barreto, Cunningham, May, Dudley, Maloy &
Reyes, LLe' ), a Florida limited liability corporation, whose address is 108 South Momoe Street,
Suite 200, Tallahassee, FL 32301;
'\VHEREAS, on the 19th day of July, 2006, the parties entered into a Professional Services
Agreement for lobbying services to enhance the County's representation in Tallahassee; and
'\VHEREAS, the Agreement provided the County an option to extend the Agreement for two
(2) additional one~year terms upon the same terms and conditions; and
1
'\VHEREAS, County extended the Agreement two additional one-year terms, one expiring
July 18, 2008 and second extension expiring July 18,2009; and
WHEREAS, on July 15, 2009, County extended the Agreement for one (1) additional year
expiring July 18,2010; and .
WHEREAS, it has been determined to be in the best interest of the County to continue the
lobbying services for one (1) additional year upon the same terms and conditions requiring a new
Agreement between County and Floridian Partners, LrC; now, therefore
IN CONSIDERATION OF the mutual promises and covenants of this Agreement, the
pmties agree as follows:
]. TERM OF AGREEMENT
This Agreement shall begin on July 19, 2010 and shall end on the 18th day of July, 2011,
subject to early termination as specified below.
2. SCOPE OF SERVICES
The scope of services will include meeting with government officials and advocating the
County's position in all aspects of County governance which is affected by State action,
in both the legislative and executive branches of State government, and palticipation in
and facilitation of meetings between County officials and State officials on the subject of
the Florida Keys. The scope will also include occasional meetings in the Florida Keys
with County officials and staff to educate and/or strategize. Services shall only be
provided as directed by the County Commission and communicated by the County
Administrator or his designee, which communication may be in writing or orally
transmitted. Lobbyist shall keep abreast of legislative and executive activities at the State
level and keep County informed via communications to the County Administrator, Board
of County Commissioners and County Attorney to include a written report on a qualterly
basis when the legislature is not in session and on a weekly basis when in session.
Lobbyist may, from time to time, transmit to the appropriate County officials such
articles, analyses and governmental annotmcement, as Lobbyist deems relevant to the
operations of County government.
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3. THE CONTRACT SUM
The County shall pay to the Lobbyist, pursuant to the Florida Prompt Payment Act, upon
receiving a propel' invoice fi'om the Lobbyist for the faithful performance of said service
on an arrears basis. Invoicing shall be submitted in twelve monthly installments.
Documentation in support of said invoice shall describe the services rendered during the
month covered by the invoice. The total Contract price shall not exceed $60,000.00 and
is subject to annual appropriation by the County Commission. The cost of any travel
authorized by the County Administrator or his designee shall be reimbursed pursuant to
rules and regulations governing travel reimbursement and shall be in addition to the
Contract price.
4.
ASSIGNMENT/SUBCONTRACT
The Lobbyist shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Lobbyist, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractors shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any obligation
upon the Board in addition to the total agreed-upon price of the selvices/goods of the
Lobbyist.
1
5. HOLD HARMLESS
The Lobbyist covenants and agrees to indemnify and hold harmless the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by Lobbyist or any of
its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act of omission of the Lobbyist or its Subcontractors in any tier, their employees, or
agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Lobbyist's failure to purchase or maintain the required
insurance, the Lobbyist shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Lobbyist is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement
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6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Lobbyist is an independent
contractor and not an employee of the Board of County Commissioners for Momoe
County. No statement contained in this agreement shall be construed so as to find the
Lobbyist or any of his/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners of Monroe County.
7.
ASSURANCE AGAINST DISCRIMINATION
County and Lobbyist agree that there will be no discrimination against any persons, 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 comi order. County or
Lobbyist agree to comply with all Federal and Florida Statutes, and all local 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) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92w255), 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 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) MOill'oe County Code Ch. 13, Art. VI, prohibiting discrimination on the
basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identify or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or State statutes which may apply to the parties to, or the
subject matter of, this Agreement.
,
8. COMPLIANCE WITH LAW
In providing all services/ goods pursuant to this agreement, the Lobbyist shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written note of termination to the Lobbyist. The Lobbyist shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
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9. INSURANCE
Lobbyist shall provide documentation of insurance coverage required for those
individuals or firms that perfonn work for or on behalf of the County, as specified in the
Momoe County Risk Management Policy and Procedures Manual as follows:
A) General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of PrOpet1y Damage
The minimum limits acceptable shall be
1
· $300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
. $100,000 per Person
. $300,000 per Occunence
. $ 50,000 Property Damage
An Occun-ence Fonn policy is preferred. If coverage is provided on a Claims Made
policy, its provision should include coverage for claims filed on or after the effective date
of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
The Momoe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
(B) Recognizing that the work governed by this contract requires the use of vehicles,
the Lobbyist, prior to the commencement of work shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
. Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
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If split limits are provided, the minimum limits acceptable shall be:
. $ 50,000 per Person
. $100,000 per OcculTence
. $ 25,000 Propelty Damage
The Monroe County Board of County Conunissioners shall be named as additional
Insured on all policies issued to satisfy the above requirements.
C) Prior to the commencement of work govemed by this contract, the Lobbyist shall
obtain Workers' Compensation Insurance with limits sufficient to respond to
Florida Statute 440.
In addition, the Lobbyist shall obtain Employers' Liability Insurance with limits of not
less than:
1
. $100,000 Bodily Injury by Accident
. $500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained tlU'oughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the State of Florida.
If the lobbyist has been approved by the Florida Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Lobbyist's status. The Lobbyist
may be required to submit a Letter of Authorization issued by the Department of Labor
and a Celtificate of Insurance, providing details on the Lobbyist's Excess Insurance
Program.
If the Lobbyist pmticipates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Lobbyist may be required to submit updated financial
statements from the fund upon request from the County.
10. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be continued at a level sufficient to
allow for the provision of the services/goods specified herein, this agreement may then
be terminated immediately at the option of the Board of County Commissioners by
written notice of termination delivered in person or by mail to the Lobbyist. The Board
shall not be obligated to pay for any services provided by the Lobbyist after the Lobbyist
has received written notice oftennination.
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11. PROFESSIONAL RESPONSIBILITY
The Lobbyist warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and
conditions set f011h in these contract documents. The Lobbyist shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by ce11ified mail, return receipt
requested, to the following:
FOR COUNTY:
County Adrninish'ator
1100 Simonton Sh'eet
Key West, FL 33040
FOR LOBBYIST:
FlO1idian Partners, LLC.
108 S. MOlioe Street, Suite 200
Tallahassee, FL 32301
1
13 . EARLY TERMINATION
A) In the event t11at the Lobbyist shall be found to be negligent in any aspect of
completion of the Scope of Work, the County shall have the right to terminate this
Agreement after five days written notification to the Lobbyist.
B). Either of the pm1ies hereto may cancel this agreement without cause by giving the
other pmty thirty days written notice of its intention to do so.
14, GOVERNMENT LA WSNENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the Agreement, the County and Lobbyist agree that
venue will lie in the appropriate Court or before the appropriate administrative body in
Monroe County, Florida.
The County and Lobbyist agree that, in the event of conflicting interpretations of the
telms or a term of this Agreement by or between any of them, the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
15. RECORDKEEPING
Lobbyist shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each part to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the telm of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Lobbyist pursuant to this Agreement
Page 6 of 10
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were spent for purposes not authorized by this Agreement, the Lobbyist shall repay the
monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the
date the monies were paid to Lobbyist.
16.
SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the applicatjon
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a comt of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent pelmitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Lobbyist agree
to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
1
17. ATTORNEY'S FEES AND COSTS
The County and Lobbyist agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing patty shaU be entitled to reasonable
attorney's fees, court costs, investigative and out-of-pocket expenses, as an award against
the non-prevailing patty, and shall include attomey's fees, court costs, investigative and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pmsuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the Circuit Comt of
Momoe County.
18. BINDING EFFECT
The terms, covenants, conditions and provisions of this Agreement shall bind and inure to
the benefit of the County and Lobbyist and their respective legal representatives,
successors and assigns.
19. AUTHORITY
Each paI1y represents and wan-ants to the other that the execution, delivery and
perf01mance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
20. CLAIMS FOR FEDERAL OR STATE AID
Lobbyist and County agree that each shall be, and is empowered to apply for, seek, and
obtain Federal and State funds to further the purpose of this Agreement provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Lobbyist agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the paI1ies. If no
Page 7 of 10
Floridian Partners New Contract
BOCC 712[/20l.0 KMP
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any paliy shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
22. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County
and Lobbyist agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Lobbyist
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
1
23. COVENANT OF NO INTEREST
County and Lobbyist covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its pelfonnance
under this Agreement, and that the only interest of each is to perform and receive benefits
as recited in this Agreement.
24. 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 celtam information.
25. NO SOLICITATIONIPAYMENT
The County and Lobbyist WalTant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or finn, other than a bona fide employee .working
solely for it, any fee, conunission, percentage, gift or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of
the provision, the Lobbyist agrees that the County shall have the right to terminate this
Agreement without liability, and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
26. PUBLIC ACCESS
The County and Lobbyist shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
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County and Lobbyist in conjunction with this Agreement and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Lobbyist.
27. NON-WIAVER OF IMMUNITY
Notwithstanding the provision of Sec, 286.28, Florida Statutes, the participation of the
County and the Lobbyist 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.
28.
PRIVILEGES AND IMMUNITIES
All of the privileges and inununities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation and other benefits
which apply to the activity of officers, agents or employees of any public agents or
employees of the County, when performing their respective functions under this
Agreement within the territoriallirnits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the ten'itoriallimits of the County.
1
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreementis not intended to, nor shall it be construed as, relieving any participating
entity fi.-om any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely perf01mance thereof by a pmticipating entity, in which case
the peIf01mance may be offered in satisfaction of the obligation or responsibility. Fmther,
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the County, except to the extent pelmitted by
the Florida Constitution, State Statutes, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the
Lobbyist agree that neither the County nor the Lobbyist or any agent, officer, or
employee of either shall have the authority to illfonn, counselor otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apalt, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
31. ATTESTATIONS
Lobbyist agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
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32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Momoe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by re~son of the execution of this Agreement.
33. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterpmts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the pal1ies hereto may execute this Agreement by signing any such
counterpart.
34. SECTION HEADINGS
Section headings have been insel1ed in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a pal1 of this
Agreement and will not be used in the interpretation of any provision ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above at four (4) counterpal1s, each of which shall, without proof or
accounting for the other counterpart, be deemed an original contract.
r~i5l)(.1pj
~rint amc
ttk~
ig~U~e ~__
r.lfJ/l Z:VI IQ)VV1
Print Name
FLORIDIAN~
By: 4
Signature
Rt;>~t',,, i- /(EYC5
Print Name
p4"r Int'/
Title '
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Clerl{
Mayor/Chairman
Page 10 of 10
[,;;(q\J8015: COUNP,/AT1-r.,"",t"e",..,
v ,-, r n_ "
~.:z: AS TO FOR' ~:"..;
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. ~ ' .
NATfLEENE W c~
ASSISTp}\JT COUNTY ATTa>::>' ..
D~,,~ 7.:l- "NEY
,=,l",__ - -/D
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Florid inn Partners New Contrnct
BDeC 712112010 KMP
Monroe County Purchasing Policy
CHAPTER 4 ~ PURCHASE OF PROFESSIONAL SERVICES
A. Definition
A professional service shall be defined as assistance obtained in support of county operations
from an independent contractor in one or more of the following professional fields:
1. Appraisal Services - real and personal property appraisers (as per Chapter
125.355, FS).
2.
Architecture, professional engineering, landscape architecture, or
registered land surveying services (as per Chapter 287.055, FS).
1
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Chapter
11.45, FS).
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial
advisor, and investment services.
6. Legal Services - attorneys and legal professionals.
7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
B. Methods of acquisition
Because differences in price may only be a minor concem compared to qualitative
considerations, professional services may be exempted by the BOCC ti'om the competitive
bidding process. Instead, professional services will be typically acquired through one of the
following methods:
I. Competitive Selection and Negotiation - per Chapter 287.055, (4) & (5)
FS.
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Purchasing Revi~c'(l S/O]
Monroe County Pm"chasing Policy
a) Request for Qualifications (RFQ) is publicly announced.
b) Responding finns are ranked and may be required to make public
presentations to the BOec.
c) The County will negotiate a contract with the finn selected by the
BOCC.
d) The negotiated contract will be reviewed and placed betore the
BOCC for approval.
2.
Requests for outside legal services will be referred to the County
Administrator and the County Attom"ey tor review and comment as to
whether said services are necessary and/or appropriate. Requests for
outside legal services may be exempted from fonnal competition by the
BOCC at the request of the County Administrator or County Attorney.
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CHAPTER 5 - DESIGN/BUILD CONTRACTS
A. Primary Procedure
J. Procurements for the design and construction of public construction
projects may be obtained through a single contract with a firm selected in a
manner permitted under Chapter 287.055, FS and the procedures set forth
in this section.
2. For the purpose of this section, the following definitions shall apply:
a) A "designlbuild finn" means a partnership, corporation, or other
legal entity which is:
(1) Certified under Chapter 489.119, FS, to engage in
contracting through a certified or registered building
contractor as the qualifying agent: and;
(2) Certified under Chapter 471.023, FS, to practice or to offer
to practice engineering; certified under Chapter 481.219
FS, to practice or to offer to practice architecture; or
certified under Chapter 481.319 FS, to practice or to offer
to practice landscape architecture.
b) A "design/build contract" means a single contract with a design
build finn for the design and construction of a public construction
project.
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Purchasing R~vis~d 5103
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 15th day ofJuly, 2009, by and between
Jvfonroe Counly, (hereinafter referred to as "COUNTY"), a political subdivision of the State of
Florida, through the Monroe County Board of County Commissioners ("BOCC"), whose address
is 1100 Simonton Street, Key West, Florida 33040, and Floridian Partners, LLC (hereinafter
referred to as "LOBHYIST' and formerly known as Barreto, CUllningham, May, Dudley, Maloy &
Reye.s~ LLe' ), a Florida limited liability corporation, whose address is 108 South Monroe Street,
Suite 200, Tallahassee, FL 32301;
WHEREAS, on the 19u1 day of July, 2006, the parties entered into a Professional Services
Agreement for lobbying services to enhance the COlI11/y 's representation in Tallahassee; and
WHEREAS, the Agreement provided the County an option to extend the Agreement for two
(2) additional one-year terms upon the same terms and conditions; and
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WHEREAS, County extended the Agreement two additional one-year terms, one expiring
July 18,2008 and second extension expiring July 18, 2009; and '
WHEREAS, it has been determined to be in the best interest of the COll11ly to continue the
lobbying services for one (I) additional year upon the Salne terms and conditions requiring a new
Agreement between County and Floridian Partners, LLC; now, therefore
IN CONSIDERA nON OF the mutual promises and covenants of this Agreement, the
parties agree as follows:
1. TERM OF AGREEMENT
This Agreement shall begin on July 18, 2009 and shaH end on the 18th day of July, 20 LO,
subject to early termination as specified below.
2. SCOPE OF SERVICES
The scope of services will include meeting with government officials and advocating the
County's position in all aspects of County governance which is affected by State action,
in both the legislative and executive branches of State government, and participation in
and facilitation of meetings between County officials and State officials on the subject of
the Florida Keys. The scope will also include occasional meetings in the Florida Keys
with County officials and staff to educate andlor strategize. Services shall only be
provided as directed by the County Commission and communicated by the County
Administrator or his designee, which communication may be in writing or orally
transmitted. Lobbyist shall keep abreast oflegislative and executive activities at the State
level and keep County informed via communications to the County Administrator, Board
of County Commissioners and County Attorney to include a written report on a quarterly
basis when the legisltaure is not in session and on a weekly basis when in session.
Lobbyist may, from time to time, transmit to the appropriate County officials such
articles, analyses and governmental ann01illcement, as Lobbyist deems relevant to the
operations ~fCounty government.
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3. THE CONTRACT SUM
The County shall pay to the Lobbyist; pursuant to the Florida Prompt Payment Act; upon
receiving a proper invoice from the Lobbyist for the faithful perfonnance of said service
on an arrears basis. Invoicing shall be submitted in twelve monthly installments.
Documentation in support of said invoice shall describe the services rendered during the
month covered by the invoice. The total Contract price shall not exceed $60,0000.00 and
is subject to annual appropriation by the County Commission. The cost of any travel
authorized by the County Administrator or his designee shall be reimbursed pursuant to
rules and regulations governing travel reimbursement and shall be in addition to the
Contract price.
4.
ASSIGNMENT/SUBCONTRACT
The Lobbyist shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Lobbyist, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractors shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any obligation
upon the Board in addition to the total agreed-upon price of the services/goods of tbe
Lobbyist.
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5. HOLD HARMLESS
The Lobbyist covenants and agrees to indemnify and hold harmless the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by Lobbyist or any of
its Subcontractor(s) in any tier; occasioned by the negligence, errors, or other wrongful
act of omission of the Lobbyist or its Subcontractors in any tier; their employees, or
agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Lobbyist's failure to purchase or maintain the required
insurance. tbe Lobbyist shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Lobbyist IS for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
l.
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6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Lobbyist is an independent
contractor and not an employee of the Board of County Cominissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
Lobbyist or any of his/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners of Monroe County.
7.
ASSURANCE AGAINST DISCRIMINATION
County and Lobbyist agree that there will be no discrimination against any persons, 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 ofthe court order. County or
Lobbyist agree to comply with all Federal and Florida Statutes, and all local 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 ofthe Education Amendment of 1972,
as amended (20 use S8. 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 use 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 of 1912, 55. 523
and 527 (42 USC s. et seq. ), as amended, relating to nondiscrimination in the sale, rental
or fmancing of housing; 9) The Americans with Disabilities Act of1990 (42 USC s. 1201
Note), as may be amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Cll. 13, Art. VI, prohibiting discrimination on tbe
basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identifY or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or State statutes which may apply to the parties to, or the
subject matter of, this Agreement.
8. COMPLIANCE WITH LAW
In providing all services/ goods pursuant to this agreement, the Lobbyist shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to tenninate this contract immediately upon
delivery of written note of termination to the Lobbyist. The Lobbyist shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
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9. INSURANCE
Lobbyist shall provide documentation of insurance coverage required for those
individuals or .firms that perform work for or on behalf of the County, as specified in the
Monroe County Risk Management Policy and Procedures Manual as follows:
A) General Liability Insurance. Coverage shall be maintained throughout the tife of
the contract and include, as a minimum:
· Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be
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. $300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
. $100,000 per Person
. $300,000 per Occurrence
. $ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provision should include coverage for claims filed on or after the effective date
of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
(B) Recognizing that the work governed by this contract requires the use of vehicles,
the Lobbyist, prior to the commencement of work shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
. Owned, Non~Owned and Hired Vehicles
The minimum limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
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If split limits are provided, the minimum limits acceptable shall be:
· $ 50,000 per Person
. $100,000 per Occurrence
· $ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as additional
Insured on all policies issued to satisfy the above requirements.
C) Prior to the commencement of work governed by this contract, the Lobbyist shall
obtain Workers' Compensation Insurance with limits sufficient to respond to
Florida Statut~ 440.
In addition, the Lobbyist shall obtain Employers' Liability Insurance with limits of not
less than: 1
· $100,000 Bodily Injury by Accident .
. $500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the State of Florida.
If the lobbyist has been approved by the Florida Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Lobbyist's status. The Lobbyist
may be required to submit a Letter of Authorization issued by the Department of Labor
and a Certificate of Insurance, providing details on the Lobbyist's Excess Insurance
Program.
If the Lobbyist participates in a self-insurance fund, a Certificate of Insurance "Will be
required. In addition, the Lobbyist may be required to submit updated financial
statements from the fund upon request from the County.
10. FUNDING A V AILABll.ITY
In the event that funds are partially reduced or cannot be continued at a level sufficient to
allow for the provision of the services/goods specified herein, this agreement may then
be terminated immediately at the option of the Board of County Commissioners by
written notice of termination delivered in person or by mail to the Lobbyist. The Board
shall not be obligated to pay for any services provided by the Lobbyist after the Lobbyist
has received mitten notice oftermination.
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BOCC 1115/09 KMP
Ii. PROFESSIONAL RESPONSIBILITY
The Lobbyist warrants that it is authorized by law to engage in the perfonnance of the
activities encompassed by the project herein described, subject to the tenns and
conditions set forth in these contract documents. The Lobbyist shall at all times exercise
independent. professional judgment and shall assume professional responsibility for the
services to be provided.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be i.n writing and hand
delivered or mailed. postage prepaid, to the other party by certified mail. return receipt
requested, to the following:
FOR COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
FOR LOBBYIST:
Floridian Partners, LLC.
108 S. Monroe Street, Suite 200
Tallahassee, FL 32301
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13. EARLY TERMINATION
A) In the event that the Lobbyist shall be found to be negligent in any aspect of
completion of the Scope of Work. the County shall have the right to tenuinate this
Agreement after five days written notification to the Lobbyist.
B). Either of the parties hereto may cancel this agreement without cause by giving the
other party.thirty days written notice of its intention to do so.
14. GOVERNMENT LA WSIVENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the Agreement, the County and Lobbyist agree that
venue will lie in the appropriate Court or before the appropriate administrative body in
Monroe County, Florida.
The County and Lobbyist agree that, in the event of conflicting interpretations of the
terms or a term ofthis Agreement by or between any of them, the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
15. RECORDKEEPING
Lobbyist shall maintain all books, records, and documents directly pertinent to
perfonnance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each part to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to thi~ Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If all auditor employed by
the COUllty or Clerk determines that monies paid to Lobbyist pursuant to this Agreement
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were spent for purposes not authorized by this Agreement, the Lobbyist shall repay the
monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the
date the monies were paid to Lobbyist.
16.
SEVERABILITY
If any tenn, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining tenus, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining tenn,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent pelmitted by law unless the enforcement 0 f the remaining
tenns, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Lobbyist agree
to refonl1 the Agreement to replace any shicken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
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17. ATTORNEY'S FEES AND COSTS
The County and Lobbyist agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative and out-of-pocket expenses, as an award against
the non-prevailing party, and shall include attomey's fees, court costs, investigative and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the Circuit Court of
Monroe County.
18. BINDING EFFECT
The terms, covenants, conditions and provisions of this Agreement shall bind and inure to
the benefit of the County and Lobbyist and their respective legal representatives,
successors and assigns.
19. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
20. CLAIMS FOR FEDERAL OR STATE AID
Lobbyist and County agree that each shall be, and is empowered to apply for, seek, and
obtain Federal and State funds to further the purpose of this Agreement provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by
each pal1y prior to submission.
21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Lobbyist 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 110
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resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. 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 or by Flotida law.
22. COOPERATION
In the event any administrative or legal proceeding is instituted against either patty
relating to the fonnation, execution, perfonnance, or breach of this Agreement, County
and Lobbyist agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Lobbyist
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
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23. COVENANT OF NO INTEREST
County and Lobbyist covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any mariner or degree with its perfOlmance
under this Agreement, and that the onJy interest of each is to perfonn and receive benefits
as recited in this Agreement.
24. 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 infonnation.
25. NO SOLICITATION/PAYMENT
The County and Lobbyist WaITant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of
the provision, the Lobbyist agrees that the County shall have the right to terminate this
Agreement without liability, and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
26. PUBLIC ACCESS
The County and Lobbyist shall allow and permit reasonable access to, and inspection of,
all documents; papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
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County and Lobbyist in conjunction with this Agreement and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Lobbyist.
27. NON-WlA VER OF IMMUNITY
Notwithstanding the provision of Sec. 286.28, Florida Statutes, the participation of the
County and the Lobbyist in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local goverrunent liability
insurance pool coverage shan 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.
28.
PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief; disability, workers' compensation and other benefits
which apply to the activity of officers, agents or employees of any public agents or
employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and' duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
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29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity fl.-om any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by a pm1icipating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. FUlther)
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the County, except to the extent permitted by
the Florida Constitution, State Statutes) and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the tenus) or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the
Lobbyist agree that neither the County nor the Lobbyist or any agent, officer) or
employee of either shall have the authority to infonn, counselor otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
31. ATTESTATIONS
Lobbyist agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
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32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason ofthe execution oftrus Agreement.
33. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, aU of which taken together shall constitute one and the same
instrument and any ofthe parties hereto may execute this Agreement by signing any such
counterpart. .
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision oftrus Agreement.
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date fIrst written above at four (4) counterparts, each of which shall, without proof or
accounting for the other counterpart, be deemed an original contract.
WITNESSES:
FLORIDIAN PARTNERS, LLC
By:
Signature
Signature
Print Name
Print Name
Title
Signature
Print Name
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Clerk
4
Mayor/Chairman
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FIRST AMENDMENT TO
PROFFSSIONAL SERVICES AGREEMENT
TInS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is
hereby entered into by and between Moos:oe County, (hereinafter referred to as ''COUNTY''), a
political subdivision of the State of Florida. through the Monroe County Board of County
Cmnmisjioners (hereinafter referred to as "BOCC". whose address is 1100 Simonton Street.
Key West. Floridian33040 and Floridian Partners. UC (heIeinafter "WBBYIST" and
formerly known as Barreto. Cunningham. May, Dudley, Maloy &: Reyes, UC ". a Florida
limiled liability corpomti!,n, whose address is 108 South Monroe Street, Suite 200. Tallahassee,
FL 32301;
WHEREAS. on the 191i1 day of July, 2006. the parties entered into a Professwnal
Services AgreemDZt for lobbying services to enhance the County; s representation in Tallahassee;
and
1
WHEREAS. the COUNfY was notified that effective January 16. 2007, Barreto.
Cunningham, May, Dudley. Maloy & Reyes, lLC changed its name to Floridian Partners, LLC;
and
WHEREAS. this Projessiollfll Services Agreement expired July 18. 2007; and
WHEREAS, Section 1. TERM OF AGREEMENT. provides that liThe COUllEy shaH have
an option to extend this agreement for two additional one-year remu upon the same terms and
conditions, upon glving at least thirty days notice to tlu! Lobu,ist of its intention to exercise the
option."; and
WHEREAS, both parties are desirous of the COUNTY exercising its option to extend
the Professional Services Agre~nt for an additional one--year term. whb the same terms and
conditions; now therefore
1N CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree the Professional Services Agreement shall be amended as follows:
1, Reflecting the name change from Barreto, CunningMtn, May, Dudley, Maloy &
Reyes, ILC to Floridian Partners, lLC effective retroactive to January 16. 2007.
2. Amend Paragraph 1 to read:
1. TERM OF AGREEMENT.
This First Amendment to Professional Services Agreement extends the
Agreement for an additional one-year term. effective retmllCtive to July 18,
20C1l and expiring July 18.2008. The County shall have an option to extend
this agreement for an additional one-year term upon the same terms and
conditions, upon giving at least thirty days notice to the Lobbyist of its
intention to exercise the option..
4
. ~t.
1
3. Amend Paragraph 12 to read:
12. NOTICE REQUIREMENT.
Any notice required or pemritted under this agreement shall be in writing
and hand delivered or mailed. postage pl'Cpald, to the other party by
certified mail. returned receipt reQuested. to the following:
FOR COUNTY:
Thomas J. Willi
County Administrator
1100 Simonton Street
Key West. FL 33040
FOR LOBBYlST:
Floridian Partnm. u.c
108 S. MOIll'OC Street, Suite 200
Tallahassee, FL 3230J
4. In all otter respects.. the tenDs and conditions of the original Professional Setvices
Agreement remain in full fon:e and effect.
1
IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and
~~hnve written. ,
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. ATI$T: ~ L. KOUlAGE
';a:~
Deputy Clerk
MONROE COUNTY ATTORNEY
PAOVE..... to.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By: ~j{f~
Mayor/Chairperson A~ 1f l@1 ~
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Witnesses:
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FLORIDIAN PARTNERS. u.c.
(formerly Barreto. Cunningham, May, Dudley,
Maloy & Reyes. LLC) :
By,~1iJ~
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Print NIuDe..r.I1tJ.e
2
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
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THIS ADDENDUM TO SECOND AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT is hereby entered into by and between Monroe County,
(hereinafter referred to as "COUNTY'"). a political subdivision of the State of Florida. through.
the Monroe County Board of County Commissioners (hereinafter referred to as uBOCC".
whose address is 1100 Simonton Street. Key West, Floridian33040 and Floridian Partners,
LLC (hereinafter 'WBBYlST" and formerly known as Barreto, Cmmingham. Mqv, Dudley.
Moloy & Reyts. UC -). a Florida ll1nite4liability corporation, 'Whose address is 108 South
Monroe ~ Suite 200, TaUahas.see, FL 32301;
WHEREAS, on the 19111 day of July. 2006. the parties entered into a. Prqf(tSSiorral
Services Agreernsnt for lobbying services to enhance the County' & representation in Tallahassee;
and
WHEREAS. on the ISm day of August. 2007, 'the parties into a First Amendment to
Profess;UJ1al ServiCilS Agreement extending the Agreement for an additional one yeM term
effective retroactive to July 18, 2007 and expiring July 18, 2008; and
WHEREAS, this First Amendment to Professional Services Agreenu!11t expired July 18,
2008; and
WHEREAS, Section 1. TERM OF AGREEMENT. provides that "'The Countv shall
have an aptian to extend this agreement for two additional one.~year Im1nll upon the same tenns
and conditions., upon giving at least thirty days nctice to the Lobbyist ofits intentlmz to erercise
the option."; and
WHEREAS, both pElItics are desirous of the COUNTY exercising its option to extend
the First AmendnJ(mt to Professional Services Agreement for an additional one-year temJ. with
the same terms and conditions; now thet:efure
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree the Professional Services Agreement shall be amended as follows:
1. Amend Panummh 1 to read:
1. TERMQF aGR~
This Second hrumdmenJ to Pl'ofeS$irma1 Services Agreement extendtl the
Agreement for an additional one-year term effective retroactive to July 18, 2008
and expiring July lB, 2009.
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S-.i Am.omdal6ut to AJll'Cmu:l:Jl (JI.eyOl)
twvlI~F BOCC~ If1Mlll
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2. Amend Paragr~h 2 to read:
2. SCOPE OF $ERVICES
The scope of services will include meeting: with government officiRls and
advocating the Countis position in all aspects of County goveroance whiclt is
affected by State action. in both the legislative and executive branches of State
government;. and participation in and filci1itation of meetings between County
officials and State officials on the subject of the Florida Keys. The scope will
also include oecasiOll1J1 meetings in the Florida Keys with County officials and
staff to educate and/or strategize. Services shall only be provided as din:ded by
the County Commission and communicated by the Coumy Administrator or his
designee. which communication may be in writing or orally trnnsmitted
Lobbyist: shall keep abreast of legi.slative and executive activities at the State
level and keep County ,infOrmed via CQ'JIlmllnications to the County
Administrator. Board of County Commissioners and County Attorney to include
a. written report on a quarterly blUis when the legislature is not in session and on
a. weekly basis when in session. Lobbyist waYt from time to time,.' transmit to
the appropriate County officials such article!;. analyses" and. governmental
announcements, as Lobbyist deems relevant to tho operations ot County
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1
3. In all other respects, the terms and conditions of the original Professional Services
Agreement n:main in full force and effect.
. IN WITNESS WHEREOF. the parties lweto have set their hands and seals the day and
~ first above written,
AS '1'0 COUNTY:
.-)'.
,. -:.l\~ DANNY L KOLHAGE
'<~Q..{), ;blt~
Deputy Clerk <6 \ a 01 0 ~
BOARD OF COUNTY COMMISSIONERS
OFM~~~~
.By:
MayorIOulirpenoD
AS TO LOBBYlSTt
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2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 19thdayof July, 2006, by and between
Monroe County (hereinafter referred to as lICOUNTY"), a political subdivision of the State of Florida, through
the Monroe County Board of Commissioners ("BOCClt), whose address is t 100 Simonton Street, Key West,
Florida, 33040 and Barreto, Cunningham, May, Dudley, Maloy & Reyes, LLC (hereinafter referred to as
uBCMDM&R" or IlLOBBYISTI). a Florida limited liability corporation, whose address is 108 South Monroe
Street, Suite 200, Tallahassee, FL 32301.
WHEREAS, it has been determined in the best interest of the County to obtain lobbying services to
enhance tbe County1s representation in Tallahassee~ now therefore
IN CONSIDERA nON OF the mutual promises and covenants of this Agreement, the Parties agree as
follows:
1. TERM OF AGREEMENT 1
This Agreement shall begin on the date first above written, and shall end on the 18t:hdayof July,
2007. subject to early tennination as specified below. The County shall have an option to extend this agreement
for two additional one-year tenus upon the same terms and conditions~ upon giving at least thirty days notice to
the Lobbyist of its intention to exercise the option.
2. SCOPE OF SERVICES
The scope of services wilt include meeting with government officials and advocating the County1s
position in all aspects of County governance which is affected by State action, in both the legislative and
executive branches of State government, and participation in and facilitation of meetings between County
officials and State officials on the subject of the Florida Keys. The scope will also include occasional meetings in
the Florida Keys with County officials and staff to educate andlor strategize. Services shall only be provided as
directed by tbe County Commission and communicated by tbe County Administrator or his designee, which
communication may be in writing or orally transmitted. Lobbyist shall keep abreast of legislative and executive
activities at the State level and keep County informed via communications to the County Administrator.
Lobbyist may, from time to time, transmit to appropriate County official such articles, analyses, and
governmental announcements, as Lobbyist deems relevant to the operations of County government.
3. TIIE CONTRACT SUM
The County shall pay to the Lobbyist, pursuant to the Florida Prompt Payment Act, upon receiving a..
proper invoice from the Lobbyist for the faithful perfonnance of said service on an arrears basis. Invoicing shall
be submitted in twelve monthly installments. Documentation in support of said invoice shall describe the services
rendered during the month covered by the invoice. Tbe total Contract price shall not exceed $60,000.00, and is
subject to annual appropriation by the County Commission. The cost of any travel authorized by the County
Administrator or his designee shall be reimbursed pursuant to rules and regulations governing travel
reimbursement and shall be in addition to the Contract price.
4. ASSIGNMENT/SUBCONIRCT
The Lobbyist shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County and Lobbyist, which
approval sball be subject to such conditions and provisions as the Board may deem necessary. This paragraph
shall be incorporated. by4 reference into any assignment or subcontract and any assignee Of subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in
Page 1 of8
, .
,
no marmer or event be deemed to impose any obligation upon the board in addition to the total agreed-upon
price of the services/goods of the Lobbyist.
5. HOLD HARMLESS
The Lobbyist covenants and agrees to indemnify and hold h!lIlIl1ess Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's
fees) which arise out ot: in connection with, or by reason of services provided by Lobbyist or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the
Lobbyist or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Lobbyist's failure to purchase or maintain the required insurance, the Lobbyist shall indemnify the
County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Lobbyist is for the indemnification provided for 1
above.
The extent of liability is in no way limited to, reduced, or' lessened by the insurance requirements
contained elsewhere within this agreement.
6. INDEPENDENT CONTRACTOR
At all times and for aU purposes under this agreement the Lobbyist is an independent contractor and not
an employee of the Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the Lobbyist or any of hislher employees, contractors, servants, or
agents to be employees of the Board of County Commissioners of Monroe County.
7. ASSURANCE AGAINST DISCRIMJNATION
County and Lobbyist agree that there will be no discrimination against any person,. and it is expressly
understood that upon a determination by a court of competeDt jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further aotion on tbe part of any party, effective the date of the
court order. County or Lobbyist agree to comply with all Federal and Florida Statutes, and 8111000 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 of race, cofor or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 use 55. 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 use s.
194), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination At of 1975, as
amended (42 use 55. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment 0 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 use 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) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis ofrace, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression,. familial status or age; and
11) any other nondiscridunation provisions in any Federal or state statutes which may apply to the parties to, or
the subj ect matter of, this Agreement.
Page 2 of 8
8. COMPLIANCE WITH LAW
In providing aJl services/goods pursuant to this agreement, the Lobbyist shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now
in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute
a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written note of termination to the Lobbyist. The Lobbyist shall possess proper licenses to perform
work in accordance with these specifications throughout the term of this contract.
9. INSURANCE
Lobbyist shall provide documentation of insurance coverage required for those individuals or firms that
petform work for or on behalf of the County, as specified in the Monroe County Risk Management Policy and
Procedures Manual as follows:
A) General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: 1
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date ofthis contract. In addition, the period for_
which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of
work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfY the above requirements.
B) Recognizing that the work governed by this contract requires the use of vehicles, the Lobbyist, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout
the life ofthe contract and include, as a minimum., liability coverage for:
. Owned, lion-Owned and Hired Vehicles
Page 3 of8
The minimum limits acceptable shall be;
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as additional insured on all policies
issued to satisfY the above requirements.
C) Prior to the commencement of work governed by this contract, the Lobbyist shall obtain Workers' 1
Compensation Insurance 'With limits sufficient to respond to Florida Statute 440.
In addition, the Lobbyist shall obtain Employers' Liability Insurance with limits ofoot less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida.
lEthe Lobbyist has been approved by the Florida Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Lobbyist's status. The Lobbyist may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the
Lobbyist's Excess Insurance Program.
If the Lobbyist participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Lobbyist roay be required to submit updated financial statements from the fund upon request frOffi_
the County.
10. FUNDING A V All.ABILITY
In the event that funds are partially reduced or cannot be obtained or cannot be continued at a level
sufficient to allow for the provision of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of tennination delivered in
person or by mail to the Lobbyist. The Board shall not be obligated to pay for any services provided by the
Lobbyist after the Lobbyist has received written notice of termination.
11. PROFESSIONAL RESPONSIDILITY
The Lobbyist warrants that it is authorized by law to engage in the perfonnance of the activities
encompassed by the prbject herein described, subject to the terms and conditions set forth in these contract
documents. The Lobbyist sball at all times exercise independent, professional judgment and sball assume
professional responsibility for the services to be provided.
Page 4 of8
12. NOTICE REOUIREMENT
Any notice required or permitted under tbis agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Thomas Willi
1100 Simonton Street
Key West, FL 33040
FOR LOBBYIST:
Barreto, Cunningham, May, Dudley, Maloy & Reyes, LLC
108 South Monroe Street, Suite 200
Tallahassee, FL 32301
13. EARLY TERMINAnON
A) In the event that the Lobbyist shall be found to be negligent in any aspect of completion of the
Scope of Work, the County shall qave the right to terminate tins agreement after five da.ys written notification to
the Lobbyist.
B) Either of the parties hereto may cancel this agreement without cause by giving the other party 1
thirty days written notice of its intention to do so.
14. GOVERNMENT LAWS/VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
fn the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of the Agreement, the County and Lobbyist agree tbat venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
~
,,/ The County and Lobbyist agree that, in the event of conflicting interpretations of the terms or a term of
this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding.
15. RECORDKEEPING
Lobbyist shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance witb generally accepted accounting principles consistently applied. Each part to this
Agreement or their authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and for four years_
following the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Lobbyist pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Lobbyist shall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S., running from
the date the monies were paid to Lobbyist.
~
16. SEVERABll..ITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining teons. covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term. covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining tenos, covenants,
conditions and provisions of this Agreement would prevent the accomplislunent of the original intent of this
Agreement. The County and Lobbyist agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision,
Page 5 of8
17. ATTORNE)'lS FEES AND COSTS
The County and Lobbyist agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigate, and out-of-pocket expenses, as an
award against the non~prevaiIing party, and shall include attorney's fees, court costs, investigative and out~of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
18. BINDING EFFECT
The tenns, covenants, conditions, and provisions of tWs Agreement shall bind and inure to the benefit of
the County and Lobbyist and their ~espeGtive legal representatives, successors and assigns.
19. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action., as required by law.
1
20. CLAIMS FOR FEDERAL OR STATE AID
Lobbyist and County agree that each shaU be. and is empowered to apply for. seek. and obtain federal and
state funds to further the purpose of this Agreement provided that all applications, requests, grant proposals. and
funding solicitations shall be approved by each party prior to submission.
21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Lobbyist 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 no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board
of County Commissioners. 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 or by Florida law.
22. COOPERATION
In the event any administrative Or legal proceeding is instituted against either party relating to the
formation, execution, perfonnance, or breach of this Agreement, County and Lobbyist agree to participate, to the
extent required by the other party , in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement. County and Lobbyist
specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings-
related to this Agreement.
23. COVENANT OF NO INTEREST
County and Lobbyist covenant that neither presently 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 interest
of each is to perform and receive benefits as recited in this Agreement.
24. CODE OF EnnCS
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 limite8 to, solicitation or acceptance of gifts; doing business with one's agency~ unauthorized
compensatio~ misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Page 6 of8
25. NO SOLICIT ATIONfPAYMENT
The County and Lobbyist warrant that, in respect to itself: it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it. to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm., other than a bona
fide employee working solely for it. any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making oftms Agreement. For the breach or violation ofthe provision, the
Lobbyist agrees that the county shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
26. PUBLIC ACCESS
The County and Lobbyist shall allow and perrnIT reasonable access to, and inspection ot: all documents,
papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Lobbyist in conjunction with the is Agreement and the
County shall have the rigbt to unilaterally cancel this Agreement upon violation oftrus provision by Lobbyist.
1
27. NON-W AlVER OF IMMUNITY
Notwithstanding the provision of Sec. 286.28, Florida Statutes, the participation of the County and the
Lobbyist in this Agreement and the acquisition of any commercial liability insurance coverage, sel&insunmce
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.
28. PRJVILEGES AND lMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and reliet: disability, workers' compensation, and other benefits which apply to the activity of officers,
agents or employees of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the penonnance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the County.
29. LEGAL OBLIGATIONS AND RESPONSIBILITJE;S
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance_
thereofby a participating entity, in which case the performance may be offered in satisfactioo of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be coustroed as, authorizing the delegation
of the constitutional or statutory duties ofthe County, except to the extent permitted by the Florida Constitution,
State stahlte, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, ofthis Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Lobbyist agree tbat neither the County nor the Lobbyist or any agent, officer,
or employee of either shall have the authority to inform, counselor otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, \lr superior to the community in general or for tbe purposes contemplated in this
Agreement.
Page 7 of8
.' ~, J '" I
31. ATTESTATIONS
Lobbyist agrees to execute such documents as the County may reasonably required, to include a Public
Entity Crime Statement, An Ethics Statement, and a Drug-Free Workplace Statement.
32. NO PERSONAL LIABU,ITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and nO member, officer,
agent or employee of Monroe County shall be liable personally on tbis Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
33. EXECUTION ON COUNTERPARTS
This Agreement may be ex;ecuted in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
1
34. SECTION HEADlNGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation
of any provision of this Agreement.
SS WHEREOF, the parties hereto have executed this Agreement on the day and date first
our (4) counterparts, each of wh:ich shall, without proof or accounting for the other
ed an original contract.
MONOE COUNTY BOARD OF
COUNTY C SSIONERS
By:
Deputy Clerk
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Page 8 of8
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RESOLUTION NO.
-2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REQUESTING THAT THE NAVY
UTILIZE THE F-14 AIRCRAFT OPERATION - IN EFFECT PRIOR
TO THE F-18 SUPER HORNET - AS THE BASELINE FOR THE
PENDING ENVIRONMENTAL IMPACT STATEMENT FOR NAVAL AIR
STATION KEY WEST.
WHEREAS, The National Environmental Policy Act (NEPA)
guides the Navy's environmental analysis process; and
WHEREAS, the Navy proposes to maintain Naval Air Station
(NAS) Key West as a military aviation training site with
potential changes in aircraft and aircraft operations, either or
both of which have expected impacts, particularly through
elevated noise, on the surrounding community; and
WHEREAS, an Environmental Impact Statement (EIS) can be
generated when a "proposed action" is expected to have impacts
to the environment relative to the status quo; and
WHEREAS, The Navy has asked for comments regarding the
scope of the planned EIS for the Naval Air Station Key West
Airfield operations; and
WHEREAS, the EIS will evaluate potential environmental
impacts to numerous resources such as noise, air quality,
safety, socioeconomics, water & biological resources; and
WHEREAS, the Board of County Commissioners 6f Monroe.
County, Florida (BOCC), has_~xpressed on a number of occasions
its discontent with the current environmental impacts,
specifically noise, since the introduction of the F-18 Super
Hornet to NAS Key West; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1: The BOCC has formed the EIS Oversight Committee,
which shall provide oversight of, and participate to the
greatest degree possible, in the EIS process on behalf of the
County and to report back to the BOCC when the Committee deems
that action of the BOCC is important to the EIS process.
Section 2: The BOCC requests that the Navy and its
consultants utilize the F-14 operation - which was in effect
prior to the introduction of the F-18 Super Hornet, for which
the impact of increased noise has not previously been considered
- as the baseline for the EIS.
Section 3: The Clerk is directed to send a copy of this
resolution to: Captain Patrick Lefere, and Ron Demes,both at
Naval Air Station,PO Box 9001, Key West, FL 33040-9001; and to
EIS Project Manager, Naval Facilities Engineering Command
Southeast, NAS Key West Airfield Operations EIS Project Manager
P.O. Box 30, Building 903, NAS Jacksonville, FL 32212.
PASS AND ADOPTED by the BOCC July 21st, 2010
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennero
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest:Danny L. Kolhage, Clerk
By:
By:
Deputy Clerk
MAYOR SYLVIA MURPHY
Res ErS 7-21-2010
-2-
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 2I~ 2010
Division:
Emergency Services
Bulk Item: Yes
No~
Department: Fire Rescue
Staff Contact PersonlPhone#: Jim Callahan x6088
AGENDA ITEM WORDING: Discussion and action regarding proposal submitted to Key Colony
Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the
City of Key Colony Beach in response to their request for said proposal.
ITEM BACKGROUND: On June 1, I received an email from Commissioner Mary Schmidt of the
City of Key Colony Beach requesting Monroe County provide a proposal to proVIde emergenCY
services to their city as an alternative to the existing interlocal agreement with the City of Marathon,
copy attached. A 3-year cost proposal was submitted to Commissioner Schmidt on June 17, copy
attached. If the cost proposal was viewed favorably by the Key Colony Beach commission, a contract
between Monroe County and Key Colony Beach could be negotiated and would have to be approved
and executed by the Monroe County BOCC and Key Colony Beach commission. The direct-cost
proposal was for the provision of two firefighting/EMS personnel 24/7 housed preferably within the
city limits to minimize response time coverage or if not feasible at this time, from the Monroe County
Fire Rescue Training Facility on Crawl Key. A reserve engine and reserve rescue would be utilized for
emergency response. Subsequent years of the contract term would be based upon an inflation
multiplier for non-personnel costs and the actual increase for personnel costs based upon wage
increases, if any, stipulated in Monroe County's labor agreement. (see attached for more background)
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
TOTAL COST YR 1: $498~000.00 INDIRECT COST: BUDGETED: Yes _No
TOTAL COST YR 2: $543~000.00
TOTAL COST YR 3: $583~000.00
DIFFERENTIAL OF LOCAL PREFERENCE: NI A
COST TO COUNTY: $ 0.00
REVENUE PRODUCING: Yes ~ No
SOURCE OF FUNDS:
AMOUNT PER MONTH
Year See above
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management
Not Required /:\ ,1
AGENDA ITEM #~
DOCUMENTATION:
DISPOSITION:
Included X
Revised 07/09
Date:
July 16, 2010
From:
Mayor and County Commissioners
James K. Callahan, Division Director/Fire chiefola,...-~ ~J1~
Key Colony Beach - Fire and Emergency Medical Protection
To:
Subject:
Enclosed, please find background documentation regarding Key Colony Beach - Fire and Emergency
Medical Protection.
The city of Marathon currently provides fire and EMS services to Key Colony Beach from its existing fire
station located at Marathon Airport utilizing the same fire/EMS resources that serve their community.
No additional personnel or equipment resources are necessary for the City of Marathon to provide these
services.
On June 1, I received an email from Commissioner Mary Schmidt of the City of Key Colony Beach, copy
attached. Commissioner Schmidt requested Monroe County provide a proposal to provide emergency
services to their city as an alternative to the existing interlocal agreement with the City of Marathon.
The City of Marathon proposed an approximate 50 percent increase cost for FY 2011, see attached letter
from Marathon City Manager Hernstadt to Key Colony Beach Mayor Sutton dated June 3.
, ,(
A 3-year cost proposal was submitted to Commissioner Schmidt on June 17, copy attached. If the cost
proposal was viewed favorably by the Key Colony Beach commission, a contract between Monroe
County and' Key Colony Beach could be negotiated and would have to be approved and executed by the
Monroe County BOCC and Key Colony Beach commission. The direct-cost proposal was for the provision
of two firefighting/EMS personnel 24/7 housed prefera bly within the city limits to minimize response
time coverage or if not feasible at this timel from the Monroe County Fire Rescue Training Facility on
Crawl Key. A reserve engine and reserve rescue would be utilized for emergency response. Subsequent
years of the contract term would be based upon an inflation multipJier for non-personnel costs and the
actual increase for personnel costs based upon wage increasesJ if anYI stipulated in Monroe County1s
labor agreement.
This cost proposal was submitted due to the request of Key Colony Beach commission and in the
interests of public safety to ensure no area of ~onroe County is without fire and emergency medica)
protection.
According to Commissioner Schmidt, subsequent to Monroe County submitting this cost proposal, the
City of Marathon submitted another proposal for a flat-fee S-year contract for $525,000 annually. At
Wednesday's BOCC meeting, the City of Key Colony Beach is seeking the Monroe County Board of
County Commissioners' continued support and concurrence of the proposal submitted to them. If the
BOCC concurs, their board will consider it in conjunction with Marathon's proposal for the provision of
fire and emergency medical protection commencing in FY 2011.
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CITY OF MARATHON, FLORIDA
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RECE'VED
JUN 0 9 1010
9805 Overseas Highway, Marathon. Ftorida 33050
Phone: (305) 743-0033 Fax: (305) 743..3667
wNW.cr.niarathon. fI.us
June 3> 20 I 0
Mayor ROll Sutton
City of Key Colony Beach
P.O. Box. 510141
Key Colony Beach~FL 33051
z:"
Dear Mayo UttOly4f1"h-
Recen y, tlle City of Marathon Finance Director notified the City of Key Colony Beach of the fiscal year
('true upn for the. cost of fire rescue services provided to Y(lur City for lhe last three years. In reviewing the
financial data, \ve rc.aIizcd that the City inadvertently excluded building) equipment) and vehicle
replacement costs that should have been bo~e by Key Colony Beach throughout the last three years.
FurthcrmoreJ not only \vas Key Colony Beacll not contributing a fair share of the life cycle annualized cost
of the aforementioned items) but also it was also not contributing to the Marathon's administrati'1e
overhead cost of the da}T-to day running of the fire departtnent. Consequently, the projected cost for fire
JElvlS services for }..y 2010..2011 \vill be approximately $670..000.00. .
Applying the same 20% Key C010I1J7 Beach percentage of combined just property values to FY 2009~201 0,
Key Colony Bay bas underpaid for its fair share of firelEl\IlS services b}r $283~224.92 for FY 2008-2009
and FY 2007-2008 the underpaYlnellt \~ras $270)/58.31 and $275,8L3.77. respectively. The Cit), is ,~:jlling
to amortize U~e underpayn1ents for FY 2007..2008~ 2008J2009, alld 2009-2010 over the next five years (FY
2010-2011'1 2011..2012, 2012-2013~ 2013..2014~ and 2014-2015) at an additional $165tOOO.OO.
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As 1 mentioned to you not tOt) long ago) at a Monroe County Managers' meeting that the City of Key
Colony Beach should be considering this increase in their budget preparation and deliberations far this
fiscal year beginning October 1, 2010. Finally, Section 4.4 of the Interlocal Agreenlent For Dei1\~ery of
Emergency Medical and Fire Rescue Services requires the City of Marathon to provide fannal ninety' (90)
day notice lo the City of Key Colony Beach of our intent to lenninale the Interlocal Agreement if tbe
parties are unable to come to mutually agreeable terms and conditions as to the anlount of money Kev
Colony Beach is to pay the City of tvfarathon for firelEMS services for FY 2010-2011 and beyond: Th(~
letter has been vvritten and sent for the purpose of compli811ce with this requirement.
In the interim3 I an1 verifying t\VO an101U1ts questioned by Commissioner Deneale and further! in
"accordance \vith the City of Marathon Council's directive, I am available to discuss tIlis matter at YOU!
convenience to hopefully reach mutually acceptable terms and condit~ons,
Sil1cerely)
~r(!~
. Roger T. Hemstadt
Ci1}~ 1'laIlager
Page 20f3
From: Budnmaryl@aol.com [mailto:Budnmaryl@aol.com]
Sent: Tue 6/1/2010 12: 11 PM
To: Callahan-James
Subject: Quote for Fire/EMS for City of Key Colony Beach
Dear Chief Callahan--
In conversations I initiated wjth Roman Gastesi and Jeff Brandtt on behalf of the City of Key Colony Beach, we
are very interested in a "contract for services" from Monroe County. For many years~ f had been told county
service wasn't a plausible option due to distance, but through some creative thinking by your staff, about
housing at the Trauma Star hanger: it now seems a more than realistic possibility.
As I have shared with both Roman and Jeff, our 286 acre is very much a true resort community with a large
exodus by June 1. where our population drops to several hundred. Last year Marathon responded to a total of
50 calls for USI 29 EMS and 21 fire with no actual fires (primarily false alarms. a situation which has been
rectified. )
,,(
Despite the gross reduction in our just values (estimated to be $56313931703 this year) and decreased
population, Marathon's increase of over 500/0 of our former rate of $414 K is difficult to justify and even more
difficult to budget. Further, likely 900k of KCB residents are insured, through Medicare or private imsurance. It
appearsJ that reimbursement was not being fully retrieved in Marathonts figures. Additionally, our expense to a
provider is somewhat fixed. Unlike Marathon or the County, we are almost fully built out, with no large projects
impacting our call status in the future. There is potential for 97 additional properties if every single open lot was
used of our total 1431 housing units in aU of KCB.
We are interested in realistic costs that are both cost effective and sustainableJ for providing effective Fire and
EMS coverage for our residents. We are interested in a long term contract with minimal increases based on
hard numbers such as COLA (Cost of living adjustments) or a similar multiplier. Please detail expenses and
income. Jeff has done an excellent job in explaining added benefits of County ProtectionJ but the numbers will
ultimately do the talking.
Our City Secretaryl Treasurer, Jeff Vorick, is adamant that we accept NO presentation (before our Monday
June 7th Budget Workshop) without hard numbers we can absolutely use for budget purposes. While figures
may be reduced. we cannot approach this critical budget session without durable figures. This has been an
ongoing setback in our dealing with Marathon.
You diligence in this matter is greatly appreciated. I know my fellow Commissioners share my excitement about
https:/Ilcgacy .lllonroecoun ty - n .gov lexchange/CaI lahan-J ames/Drafts/FW :%20Quote%20fo... 7/15/2010
Page 3 of3
the possibility of having service from an experienced County team once again. We welcome your assistance in
providing an effective service on which our Citizens can depend.
Please feeJ free to call me with any questions or concerns you may have in providing the most accurate figures
you can. Thank you for you time and cooperation.
Sincerely.
Mary Schmidt
Commissioner Key Colony Beach
305 743 5443
305 731 3018 cefl
Please u.nderstand:
'rhis email to & from me could be revic\ved as part of the City of I{ey Colony Beach Public .Record. All
opini.ons expressed by m.e are my own and n.ot Key Colony Beach City Policy or opinion. . ..{
\"'.\'v..,. marysc 11 midt - kc bcommissioo.. vpyve b. com
PC) Box 511107, !{cv Colony Beach, FL 33051
https:/liegacy .mollfOeCQUnty- fi.gov/exchange/Callahan-Jalnes/Drafts/FW :(X>20Quote%20fo... 7/15/2010
Page 1 of3
Callahan~James
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!lee...
Subject: FW: Quote for Fire/EMS for City of Key Colony Beach
Attachments:
From: Callahan-James
Sent: Tuesday, June 01, 2010 5:05 PM
To: Gastesi-Roman; Frederick-Debbie
Cc: Boswell-Gary; Hover-Susan
Subject: FW: Quote for Fire/EMS for City of Key Colony Beach
Roman/Debbie, below, please find a formal request from Key Colony Beach Commissioner Mary Schmidt for
Monroe County to submit a bjd proposal for fire/EMS services for the City of Key Colony Beach. Request your
authorization to develop and submit this bid proposal as requested.
Upon your authorization to proceed, I will contact appropriate city/county representatives and will keep you
informed. As you can see below, they are Jooking for a very quick turnaround on whether Monroe County will ,,~
submit a bid. and the specifics of a Monroe County proposal. It will be nearly impossible to meet this deadline,
but need to start by Jetting them know if the county will consider submitting a bid proposal or not.
Please advise as soon as possible so that I may respond to her.
James Callahan, Division Director/Fire Chief
Monroe County Emergency Services/Fire Rescue
calJahan-iames@monroecountv..fl,QOV
(305) 289-6088 Phone
(305) 289-6007
HELP US HELP YOUr
PJease take a moment to complete our Customer Satisfaction Survey:
hUo:llmonroecofl.virtualtownhall.neUPages/MonroeCoFL WebDocs/css Your feedback is important to usf
Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County
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IlttpS:/ /legacy. monfoecounty - fl.gov/exchange/Callahan-J alnes/Drafts/FW :%20Quote%20 fa... 7/15/201 0
DIVISION of
EMERGENCY SERVICES
490 63rd Street Ocean
Marathon, FL 33050
PHONE: (305) 289..6088
FAX: (305) 289..6007
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(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
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June 17, 2010
Mary Schn1idt, C0l111nissioner
City of Key Colony Beach
Post Office Box 5] ] 107
Key Colony Beach, FL 33051
Dear COlnlnissioner Schmidt:
Thank YOll for your recent written request to Monroe County Fire Rescue. On June 1, YOll
requested that Monroe COllnty provide a proposal for the provision of fire and elnergency
Inedical services (EMS) to the City of Key Colony Beach. It is Iny understanding that the City of
Marathon currently provides fire and EMS franl its existing fire station located at Marathon
AirpOI1LJtilizing the saine personnel that serve their cOlnlnunity~ and that Key Colony Beach pays
a pro-rata share of the fire/EMS budget based upon property valuation.
, ',{,:'
In the event this cost proposal is viewed favorably by your Inayor and cOlnlnission, a contract
between Monroe County and Key Colony Beach can be negotiated for the provision of fire and
EMS services. This agreelnent would have to be approved and executed by the ,Monroe County
Board of COllnty C0l11111issioners and the J(ey Colony Beach COllllnission.
Monroe COllnty Fire Rescue's cost proposal includes the provision of two firefighter/EMS
personnel for the City of Key Colony Beach, 24 hours a day, 365 days a year. These personnel
\vould preferably be housed \vithin the city of Key Colony Beach to minilnize response titnes to
requests for service, or if this is not feasible, fi.ol11 Monroe County Fire Rescue Training Facility
at MM56.5 on Crawl Key. A Monroe County reserve fire engine and a reserve rescue would be
placed in service and would be available to respond to tires, Inedical and other enlergency
incidents. ]0 addition to these services, Monroe County would provide the services of its
operational and adnlinistrative staf~ including COll11nand staf~ fire prevention staff,
adnlinistrative support, and an operations battalion chief who is available 24/7. A three-year
proposal would be as follows:
Year 1 .. $498,000
Year 2 - $543,000
Year 3 - $583,000
The majority of the cost of this proposal is hiring the additional firefighter/EMS personnel to
staff this station. In addition to this figure, there will be an additional cost for facility
Page 1 of2
modifications to provide housing for firefighting staff. This amount would be a one-time billing
at actual cost estimated not to exceed $35,000. Monroe County is alnenable to a ITIulti...year
contract with a standard tennination clause, if that is the desire of Key Colony Beach. In the
event of a J11ulti-year contract, for subsequent years of the contract, the proposal would include
an inflation 111ultiplier for non-personnel costs and the actual increase for personnel costs based
upon wage increases, if any, stipulated in Monroe County's labor agreelnent.
In the interests of public safety and ensuring no area of Monroe County is \vithollt fire and
elnergency Inedical protection, this cost proposal is offered. I anl available at any tilne ifyollr
cOlnlnissiol1 wishes to fUI1her disclIss the details of this cost proposal.
Thank YOll for YOllr interest in public safety and Monroe County Fire Rescue.
Sincerely,
'~ 'I
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Jarnes 1(. Callahan, Division Director/Fire Chief
Monroe County Fire Resclle/Elnergency Services
cc: Rornan Gastesi, County Administrator
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Page 2 of2
TREPANIER
Honorable Mayor sylvia Murphy
Murray E. Nelson Government & Cultural Center
102050 Overseas Highway, Suite 234
Key Largo, FL 33037
07/21/10
Re: Wisteria FlUM Designation
& 1\SS()l~IJ\~rI3S I Nl~
LAND USE PLANNING
o EVELOPME NT CONSULT AN TS
Dear Ms. Mayor:
I want to express my sincere thanks to you, your staff, and the Planning Commission for
the professional manner in which they have reviewed and supported the proposed FLUM
designation of Wisteria.
Unfortunately, the City Commission's action last night demonstrated to us that we need to
do a better job educating Key West about the proposed Wisteria FLUM designation.
In order to allow us the time we believe necessary to educate our neighbors in Key West;
we withdraw our applications at this time.
Thank you.
'V~
',. d... ~ '?)
402 Appelrouth Lane. P.O. Box 2155 · Key West, FL · 33045-2155
Phone: 305-293-8983 · Fax: 305-293-8748 · Email: Owen@()wenTrepanier.com