Item N10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2015 Department: County Attorney
Bulk Item: Yes X No _ Staff Contact Person: Natileene Cassel
Phone #: 292-3470
AGENDA ITEM WORDING: Approval of Second Amendment to contract with Erin L Deady, P.A.
for outside legal counsel for issues related to the RESTORE ACT and technical assistance with the
development of the County's Multi -Year Implementation Plan and RESTORE Act local pot -funded
grant applications. .
ITEM BACKGROUND: The County continues to require assistance in legal issues related to the
RESTORE ACT -related Federal and State regulations, requirements, rules, and procedures.
PREVIOUS RELEVANT BOCC ACTION:
• On October 17, 2014, the BOCC discussed Legal and Technical Assistance related to the
development of the County's Multi -Year Implementation Plan, a requirement for drawing
down the County's Local Pot RESTORE Act funding.
• On February 19`h, 2014 approved the First Amendment to the Contract increasing the maximum
amount of the Agreement from $15,000 to $30,000.
• On July 171h, 2013, the BOCC passed the original Agreement with the firm for $15,000.
CONTRACT/AGREEMENT CHANGES: Modifies scope of services to include legal and
technical assistance related to the development of the Multi -Year Implementation plan and related
grant applications for the local pot -funded projects; changes contract amount to add $30,000 under this
amendment.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $60,000 in fees INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: see above SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County A OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required______
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Erin Deady, PA Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Second Amendment to contract re Restore Act assisstance
Contract Manager: Bob Shillinger 3470 Legal
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000 Current Year Portion: $ 30,000
Budgeted? Yes® No ❑ Account Codes: 67501-530318- - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ No❑
I Risk Management
O.M.B./Purchasing
County Attorney
4]1-715-
I Comments:
UM13 norm Revised 2/271U1 MCP #Z
Yes❑ No❑
Yes❑ No❑
Yes❑ No _
Reviewer
Date Out
2nd AMENDMENT TO AGREEMENT
BETWEEN MONROE COUNTY AND ERIN L. DEADY, P.A.
This Second Amendment (herein after "Amendment") to the Agreement dated July 17, 2013
between Monroe County ("County") and Erin L. Deady, P.A. ("Attorney"), is made and entered
into this 15th day of April 2015, in order to amend the Agreement as follows:
In consideration of the mutual promises, covenants and agreements stated herein, and for
other good and valuable consideration, the sufficiency of which hereby acknowledged, the
County and Attorney agree to amend their Agreement as follows:
1. The parties agree to amend the SCOPE OF THE SERVICES to allow attorney to give
additional technical assistance on the development of the County's Multi -Year
Implementation Plan, RESTORE Act local pot -funded grant applications, and related Restore
Act issues. See Exhibit B Amendment #2 attached hereto and made a part hereof.
2. This Amendment increases attorney fees by Thirty Thousand Dollars and no/cents
($30,000.00).
3. In consideration for such consent, the Attorney agrees to be bound by all the terms
and conditions of the original agreement and its amendments as if written in their
entirety herein.
4, In all other respects, the original Agreement between the parties remains
unchanged.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
representative on the day and year first written above.
(SEAL)
Attest; AMY HEAVILIN, CPA, CLERK
By:
Deputy Clerk
Attor
Signature
Print Name
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
ATTORNEY
Date® q 4 V
LI GRANGE
ASSIST ATTORNEY
Exhibit B
Amendment 2
Scope of Services
As directed by the County:
➢ Prepare and review drafts and narrative of Monroe County's multi -year
implementation plan through public review and Treasury review processes
➢ Prepare and review drafts of Monroe County's Restore Act local pot -funded
project grant applications.
➢ Research and draft comments, position papers and statements and provide support
regarding ongoing development and implementation of U.S. Department of Treasury
Regulations and other relevant regulations and guidance for Gulf Restoration.
➢ Monitor development of Gulf Consortium's State Expenditure Plan (SEP)
development, support Monroe County's representation and interests in the SEP, monitor
plan development, policies, issues, rules or regulations as directed; and assist with strategy
for Gulf -related plans and projects.
➢ Support legal staff and environmental staff on the RESTORE Act processes, and
funds distribution for Gulf project implementation including but not limited to National Fish
and Wildlife Foundation, Natural Resource Damage Assessment and other funding sources.
➢ Provide support for the County in its participation with Gulf Consortium. Attend
as requested RESTORE meetings including Florida Gulf Consortium meetings, any Gulf
Restoration Council meetings/hearings or any other agency meetings/hearings where Gulf
restoration procedures are discussed.
➢ Review or prepare materials and briefings to the County's RESTORE Advisory
Committee on procedural Gulf restoration issues.
➢ Regularly report on progress, provide updates to County Attorney and other staff
as requested, provide presentations and materials to County as requested and coordinate
messaging and strategy development through designated staff.