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08/17/2016 AgreementCLERK OF CIRCUIT COURT & COMPTROLLER IMIONROE COUNTY, FLORIDA DATE: September 9, 2016 TO: Mayte Santamaria Senior Director, Planning and Environmental Resources FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller 0L_ At the August 17, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item I4 Approval of a contract with Clarion Associates to prepare a Support Study providing the technical support (data & methodology to determine need) for a workforce/ affordable housing mitigation program for nonresidential development and redevelopment (expansions and remodels), to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development; for a fixed price, not -to -exceed contract of $49,365.00. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File ,/ 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 .a AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CLARION ASSOCIATES AND MONROE COUNTY THIS A REEMENT (hereinafter "Contract/Agreement") is made and entered into this day of 2016, by Monroe County (hereinafter "COUNTY), a political subdivision of the State of FI rida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and CLARION ASSOCIATES, LLC (hereinafter "CLARION/Contractor"), having a principal place of business at: 101 Market Street, Suite D, Chapel Hill, NC 27516-4070. Section 1. SCOPE OF SERVICES CLARION shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services - Exhibit "A" - which is attached hereto and is hereby incorporated as if fully set forth herein. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Designate in writing a person ("Contract Manager) with authority to act on the COUNTY'S behalf on all matters concerning this Agreement's deliverables and work product. 2.2 Perform and carry out in a professional and proper manner the duties for the COUNTY described in Exhibit "A". 2.3 Coordinate with CLARION as necessary for CLARION's performance of the tasks in Exhibit "A". Section 3. TIME OF COMPLETION The services to be rendered by the CLARION shall be commenced upon execution of this agreement by the undersigned parties and the work contemplated herein shall be completed in accordance with the schedule mutually agreed to in writing by the COUNTY and CLARION as shown in Exhibit "A", and shall be completed no later than four (4) weeks after conducting the Task 4 presentation before the Monroe County Board of Commissioners, or after a total of 180 calendar days from the effective date of the contract, whichever occurs first, unless this Agreement is subsequently amended by the mutual written consent of the COUNTY and CLARION. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed upon in writing by COUNTY and CLARION. COUNTY, through its Assistant County Administrator, shall have the authority to amend such schedule. Section 4. COMPENSATION 4.1 The maximum compensation available to CLARION under this Agreement is based upon the activities and deliverables contemplated by the Scope of Services. The COUNTY agrees to pay CLARION based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. Page 1 of 16 >, 4.2 Compensation shall be paid by deliverable completed and deemed satisfactory by the Contract Manager. Any additional services included in the last paragraph of Exhibit "A" entitled "Costs and Budget for Additional Meetings" must be authorized in writing by the Monroe County Board of County Commissioners. 4.3 The total not -to -exceed cost for providing the services contained in the Tasks 1 through 4 is $49,365.00. There shall be no reimbursable items. Section 5. PAYMENT TO CLARION 5.1 Monthly payments will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. CLARION must submit to the COUNTY Contract Manager, who will review the request. The Contract Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Contract Manager must inform CLARION in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CLARION shall submit, by U.S. Postal Service certified mail, each month an invoice by tasks as detailed in the Scope of Services in the following form and address: Monroe County Planning & Environmental Resources Department Subject: Agreement for Professional Services - Clarion Assoc. - Invoice Attn: Senior Director Mayte Santamaria 2798 Overseas Highway Marathon, Florida 33050 5.3 Any extension of this contract into the County's next fiscal year is contingent upon an annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its material obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) calendar days written notice to CLARION. COUNTY shall pay CLARION for work performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to those set forth in Scope of Services - EXHIBIT "A" shall be authorized in writing and approved by the Monroe County Board of County Commissioners. 7.2 There may be additional instructions or provisions specific to the authorized work in the Scope of Services for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as amendment to or modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 CLARION shall not assign or transfer any rights under or interest in (including, but not without limitations, monies that may become due or monies that are due) this Agreement Page 2 of 16 or subsequent Task Assignment(s) contemplated herein (inclusive of Scope of Services - Exhibit "A") without the express written consent of the COUNTY, except to the extent that any such assignment or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any task assignment, no task assignment will release or discharge such assignor or transferor from any duty or responsibility under this Agreement. Section 8. NOTICES All notices, requests, and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed by U.S. Postal Service certified mail, return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: With copies to: Monroe County Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Marathon, FL 33050 Monroe County - County Administrator Roman Gastesi, Jr. Monroe County Historic Gato Building 1100 Simonton Street, Suite 205 Key West, Florida 33040 and Robert B. Shillinger, County Attorney 1111 12th Street Key West, FL 33040 and To CLARION ASSOCIATES: Craig Richardson, Director Clarion Associates, LLC 101 Market Street, Suite D Chapel Hill, NC 27516-4070 Or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the mails, registered, postage paid, return receipt requested. Section 9. PUBLIC RECORDS CLARION shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and in compliance with the records retention schedule(s) adopted by the Florida Department of State - Division of Library Services pursuant to Florida Statute Section Page 3 of 16 119.021(2) (2015). Upon ten (10) business days' written notice and during normal business hours, each party to this Agreement or their authorized representative(s) 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 the duration of the statutorily required retention period following the termination and/or satisfaction of this Agreement. The preceding records access and retention requirements shall not apply to CLARION's records to the extent such records are not deemed Public Records pursuant to Chapter 119 of the Florida Statutes. If an auditor employed by the COUNTY or Clerk determines that monies paid to CLARION pursuant to this Agreement were spent for purposes not authorized by this Agreement, CLARION shall repay the funds. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 CLARION warrants that it has not employed, retained, or otherwise had act on its behalf, any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from this Agreement or purchase price(s) thereto, or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to such former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as CLARION, a supplier, or as CLARION under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes for Category 2 for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 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. Exclusive venue for any adversarial proceeding, mediation, or litigation arising from, relating to, or in connection with this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. Section 13. SEVERABILITY 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 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 permitted 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 CLARION agree to reform this Agreement and any amendment thereto to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 4 of 16 Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CLARION 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 attorney's fees, courts costs, investigative, and out-of-pocket expenses at trial, before an administrative hearing officer, and in appellate proceedings. The immediately preceding sentence does not alter the limitation on attorney fees under Section 768.28, Florida Statutes. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CLARION and their respective legal representatives, successors, and assigns. Section 16. 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. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CLARION 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 calendar days after the first meet and confer session, such issue(s) shall be discussed at a public meeting of the Monroe County Board of County Commissioners. If such issue(s) are still not resolved to the satisfaction of the parties, then either party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. 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 CLARION 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 CLARION specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CLARION agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the rendition date of the court order. COUNTY and CLARION agree to comply with all federal and Florida statutes, and all local ordinances, as applicable, Page 5 of 16 relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicap(s); The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107), which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-618), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provision(s) in any federal and Florida statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTETREST COUNTY and CLARION covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CLARION 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 of this Agreement. For the breach or violation of the provision, CLARION 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. Section 23. PUBLIC ACCESS The COUNTY and CLARION 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 COUNTY and CLARION in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally terminate this Agreement upon violation of this provision by CLARION. Page 6 of 16 Additionally, in accordance with Florida Statute Section 119.0701 (2015), CLARION shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the undersigned public agency would provide such records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt from public disclosure requirements under Chapter 119, Florida Statutes, are not disclosed except as expressly consented to and authorized by COUNTY, and ensure that public records that are confidential and exempt from public records disclosure requirements under Chapter 119, Florida Statutes, are not disclosed except as authorized by law. (d) Meet all requirements under Chapter 119, Florida Statutes, for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Section 24. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNTY and CLARION in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. 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 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. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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 thereof by any participating entity, in which case the performance may be offered in satisfaction of such obligation or responsibility. Further, 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 statute, and case law. Page 7 of 16 Section 27. 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 CLARION agree that neither the COUNTY nor CLARION or any officer, employee, or agent of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entitles, 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. Section 28. ATTESTATIONS CLARION agrees to execute such documents as the COUNTY may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any officer, employee, or agent of Monroe County in his or her individual personal capacity, and no officer, employee, or agent of Monroe County shall be liable personally pursuant to this Agreement or be subject to any personal liability or accountability by reason of the execution or performance of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed 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. Section 31. 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 of this Agreement. Section 32. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, subject to and without waiving the provisions of Section 768.28, Florida Statutes, each party agrees to defend, indemnify, and hold harmless the other party for any and all claims arising out of the wrongful actions of the first party, its employees, including (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CLARION or any of its employees during the term of this Agreement, or (B) CLARION's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional negligent acts of the COUNTY or any of its employees or agents (other than CLARION). Insofar as such claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during Page 8 of 16 the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Section 33. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, CLARION is an independent CONTRACTOR and not an employee of the Monroe County Board of County Commissioners. No statement contained in this Agreement shall be construed so as to find CLARION or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor CLARION shall provide independent, professional judgment and comply with all Federal, state, and local statutes, ordinances, rules, and regulations applicable to the services to be provided pursuant to this Agreement. Section 34. DELAY CLARION agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension. of time for a reasonable period for..CLARI.ON to complete the work schedule. Such an Agreement shall be made between the parties based on funding availability. ?ildY� plttoM %$moo mMwo Page 9 of 16 IN, WITNESS WHEREOF, The parties hereto have caused these presents to be executed on the dI_ day of u�l , 2016. ILIN, CLERK OF y-9-/o E;AMON ASSOCAITES not Name: Cra' icha so Signature: Title: Director Witness No. 1: l�rj 4ox k (Print N me) Witness No. 1: �' (Z (Sig ture) State of County of ©rz"e- MONROE COUN BOARD OF C 'MERS BY: Mayor ea e . Carruthers C) Witness No. 2:c I W% `"n (Print Name) .= Witness No... 2: co I /�- L-L, (Signature) On this 9 R day of f, 2016, before me, the undersigned notary public, personally appeared ca►.2 at who states he is authorized to execute this document, and is known to me to be the person whose name is subscribed above or who produced — as identification, and acknowledged that he is the person who executed the document above for the purposes therein contained. Nota Public (Print me) Notary Public (Signature) My Commission expires on: %n% I IR 3 5to a� MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER MORRIS Page 10 of 16 ASSISTANT COUNTY ATTORNEY 9 Date: ,6 (Seal) CHRISTOPHER M PETrum— Owmm cft" N" 0wsft EXHIBIT A: SCOPE OF SERVICES: PREPARATION OF SUPPORT STUDY FOR WORKFORCE/AFFORDABLE HOUSING MITIGATION BY NONRESIDENTIAL DEVELOPMENT Clarion Associates , LLC (hereinafter "Clarion") proposes entering into a fixed price, not -to -exceed contract with Monroe County (hereinafter "County") of $49,365.00, to prepare a Support Study that will provide the technical support for a workforce/ affordable housing mitigation program for nonresidential development' and redevelopment (expansions and remodels) .2 Because there are legal, policy, and potentially data and feasibility issues involved in the development and implementation of a workforce/affordable housing mitigation program for nonresidential development, the project involves three primary tasks: data collection and review (Task 1); development of a methodology to determine the need for affordable/workforce housing created by new nonresidential development (Task 2); - and preparation of a Support Study (Task 3). After completion of the Support Study, Clarion shall also be available to assist the County in the preparation of implementing legislation; that task, however, is not included in this Scope of Services. The specific tasks in the Scope of Services are outlined below. TASK 1: PROJECT INITIATION AND SCOPING Clarion shall provide a list of data request(s) to County Planning & Environmental Resources Department (hereinafter "Department") staff, and then determine with said County staff what relevant data is readily accessible for said County staff to compile and deliver to Clarion in a timely manner. This data will focus on local housing data, employment data, real estate data, codes, ordinances, regulations, and any plans relevant to the housing affordability issue in the County. County staff will then provide Clarion the data and studies that are available to them. After reviewing all such relevant local housing data, employment data, real estate data, codes, ordinances, plans, and other documents provided by County staff, Clarion shall meet with County Planning & Environmental Resources Department staff and, in coordination and consultation with the Senior Director of the Department (hereinafter "Senior Director) and subject to said Senior Director's prior approval, other County staff and officials, as appropriate, to discuss overall project goals and discuss data deficiencies by means of an in -person meeting during the two day trip to meet with the Senior Director and Department staff taken during Task 1. The in -person meeting(s) shall be at a location to be pre - approved by and determined by the Senior Director of the Monroe County Planning & Environmental Resources Department. Prior to and/or after the meeting(s) (which shall also be subject to the prior approval and determination of the Senior Director), but during the Task 1 two-day trip to meet with the County, Clarion shall also conduct interviews with County officials and with other persons identified by the Senior Director of the Department. The interviews shall be conducted with key Monroe County staff, and with prior consultation of and to the Monroe County Attorney's Office and in compliance with Chapter 286, Florida Statutes (The "Sunshine Law"), elected and appointed officials, and members of the development community. The interviews shall involve an initial discussion of project goals, and other issues related to affordable housing. These discussions will provide Clarion with a better understanding of project goals, existing data, and the Florida Keys' existing affordable housing mitigation regulations. If appropriate, and during the two-day trip in Task 1, Clarion will visit (in coordination and consultation with County staff, as well as physically along with County staff) different affordable housing units and developments constructed under the current Monroe County affordable housing programs. 1 Nonresidential development refers to all forms of development that is not residential in nature. A specific definition of what constitutes nonresidential development will be prepared by the Consultant and mutually agreed upon between the Contractor and County in Task 2. 3 Hereinafter use of the term "nonresidential development" means "nonresidential development and redevelopment (expansions and remodels)." Page 11 of 16 Finally, Clarion, with prior consultation to the Monroe County Attorney's Office, and with the prior approval of the Senior Director of the Department, shall conduct a duly noticed kick-off meeting with the Board of County Commissioners (hereinafter "BOCC"). The purpose of the kick-off meeting will be to inform the public and County officials about the project, its schedule, and general goals, and to receive input and feedback. CLARION Provide County list of data requests; advise County staff on what data is relevant for review, assist in determining what data is readily accessible, and the best method to access such data Review and evaluate data provided by County staff, and advise such staff on data deficiencies Conduct interviews with County staff, and other County officials and stakeholders (as agreed upon between County staff and Clarion) Conduct tour of affordable housing units and developments in the County with staff (if appropriate) Facilitate and conduct kick-off meeting with the Board of County Commissioners and public COUNTY STAFF Compile and provide copies of data identified by Clarion in list of data requests, if it is available in the County Organize and participate in meetings and interviews with Clarion Organize kick-off meeting Hold regular phone meetings with Clarion, as needed, to discuss progress and other relevant issues IN -PERSON MEETING(S) One, two-day, in -person trip to meet with the County's Senior Director and Department staff (three Clarion professionals attending: (i)Clarion Director, (z)Clarion Principal or Dr. lames Nicholas, and (3)Clarion Associate) to conduct interviews, meet with officials, and conduct kick-off meeting SCHEDULE • Completed: 30 calendar days after Project Initiation TASK 2: CONFIRM METHODOLOGY In Task 2, Clarion shall develop the proposed methodology to be used in the Support Study to determine the impact nonresidential development has on the need for workforce/affordable housing, consistent with the Monroe County Comprehensive Plan, the Monroe County Land Development Code, the Florida Building Code, and County policy direction. As part of developing the methodology, Clarion will also finalize a definition of "nonresidential" for purposes of the study. The proposed methodology (and definition of "nonresidential") shall be transmitted in writing and forwarded to County Department staff for review. After said County staff review, Clarion will conduct conference call(s) with the Monroe County Planning & Environmental Resources Department and other County staff to discuss such proposed methodology and definition(s), and to answer any questions and respond to comments. Clarion shall then make modifications to such proposed methodology and definition that are mutually agreed -upon by both Clarion and the County's Senior Director. This shall be the methodology and definition of "nonresidential" that shall be used in the analysis conducted in the Support Study conducted in Task 3. Page 12 of 16 TASK 2: CONFIRM •.. •RESPONSIBILITIES CLARION Propose written methodologyto determine impacts of nonresidential development on affordable housing, for Support Study (See Task 3) Finalize proposed definition of "nonresidential" for purposes of the study Conduct conference calls as necessary with the Monroe County Planning & Env. Res. Department and other County staff regarding proposed methodology and definition(s) Make changes to proposed methodology and definition(s) mutually agreed -upon in writing by Clarion and County Department staff COUNTY STAFF Review proposed methodology and definition prepared by Clarion, and provide consolidated written comments Conduct conference call(s) with Clarion to discuss comments on proposed methodology and definition, and reach agreement on changes IN -PERSON MEETINGS) • None SCHEDULE Completed: iy calendar days after completion of Task i TASK 3: PREPARE SUPPORT STUDY: WORKFORCE/AFFORDABLE HOUSING MITIGATION FOR NONRESIDENTIAL DEVELOPMENT The Support Study will be used to provide the technical support for a workforce/affordable housing mitigation program for nonresidential development. It will use the methodology developed in Task 2 to determine the need for affordable housing created by nonresidential development and redevelopment, calculate appropriate mitigation, and explain how mitigation will be administered. More specifically, the analysis conducted in the Support Study shall include the following components: • The establishment of a Level of Service standard and housing goal(s), that identifies the amount and number of employees that will need to be provided housing, and the quality of workforce/affordable housing that will be provided under the program; • An inventory of workforce/affordable housing, to assist in evaluating current conditions; • An analysis demonstrating that new nonresidential development will create a need for new workforce/affordable housing in the community that will not be met by the private housing - market; • A needs analysis, demonstrating the need for workforce/affordable housing created by new nonresidential development in the County, consistent with the established goals. This section will demonstrate the nexus or linkages between new nonresidential development (by type), the need for workforce/affordable housing it creates (employees per 1,000 square feet of development), and the amount of housing that needs to be subsidized to make the housing affordable; and • A section outlining and providing a management structure about the form and types of mitigation that should occur under the program (e.g., construction of units, dedication of land for affordable housing, conversion of units to affordable housing, in -lieu fees, etc.). After completion of the draft Support Study, the Support Study will be circulated to County Department staff by Clarion subject to the Department's Senior Director's prior approval for Clarion to so circulate to said Department staff for review and comment. County staff will review the draft Support Study, and provide Clarion with a set of consolidated written comments on the draft. Subsequently, Clarion will Page 13 of 16 conduct conference call(s) with County staff to discuss said comments and reach consensus regarding revisions to the draft Support Study. Clarion shall then make mutually agreed -upon revisions, and submit a Public Review Draft of the Support Study to County Planning & Environmental Resources Department staff. Staff will then make a final review of the document and provide Clarion any final comments on revisions, which Clarion will address. Clarion will submit a final Public Review Draft of the Support Study to County Planning & Environmental Resources Department who will make it available to the public. CLARION Prepare draft Support Study Conduct telephone conference call(s) with County staff (to be pre -approved and determined by the Senior Director of the Monroe County Planning & Env.Res. Department) to discuss staff comments on Support Study Revise and prepare Public Review Draft of Support Study based on mutually agreed changes between County Department staff and Clarion COUNTY STAFF Review and provide consolidated written comments on Support Study Conduct conference call(s) with Clarion to discuss comments on Support Study, and reach mutual agreement on changes IN -PERSON MEETING(S) • None SCHEDULE Completed: 75 calendar days after completion of Task 2 TASK 4: WORK SESSION TO PRESENT SUPPORT STUDY After the Public Review Draft of the Support Study is prepared for public dissemination, Clarion shall, with prior consultation with the Monroe County Attorney's Office, and with the prior approval of the Senior Director of Planning & Environmental Resources Department, present it and answer questions at a duly noticed meeting of the BOCC. After the BOCC presentation, County staff shall provide Clarion written comments/revisions to the Public Review Draft of the Support Study based on direction from the Board of County Commissioners. Clarion shall then conduct conference call(s) about the comments and revisions, and commit $2500 of professional time to be incurred by Clarion Director, Clarion Principal, and Clarion Associate to make the revisions. After making the revisions consistent with this commitment, Clarion shall then provide County staff a final version of the Support Study. CLARION TEAM With proper prior consultation and prior approval, conduct one presentation before the BOCC Commitment of s2500 of Clarion professional resources to prepare final revisions to the Public Review Draft of the Support Study COUNTY STAFF Organize one presentation before the BOCC Provide Clarion final written comments/revisions to Public Review Draft of Support Study IN -PERSON MEETING(5) One pre -approved, two -day in -person meeting (by two Clarion professionals: (i)Clarion Director, (z)Clarion Principal or Dr. James Nicholas) with County Department staff to conduct BOCC presentation Page 14 of 16 SCHEDULE One BOCC presentation to be scheduled by the County (to be mutually agreed upon between County staff and Clarion) Final Support Study Completed: One month after final direction on Public Review Draft received in writing from the County. Page 15 of 16 TOTAL NOT -TO -EXCEED COSTS BY TASK TASK PRICE TASK 1: PROJECT INTIATION AND SCOPING $11,691.00 TASK 2: CONFIRM METHODOLOGY $4,000.00 TASK 3: PREPARE SUPPORT STUDY: WORKFORCE/AFFORDABLE HOUSING MITIGATION FOR NONRESIDENTIAL DEVELOPMENT $25,040.00 TASK 4: PRESENTION OF SUPPORT STUDY TO BOCC $8,634.00 $49,365.00 Costs and Budget for Additional Meetings with Clarion physical attendance. Clarion's all-inclusive daily rate for an additional two days of meetings shall be $2,400.00 per day for senior -level professional(s) (Clarion Director or Clarion Principal), per day ($4,800.00 for two days of meetings, per senior -level professional). The rate includes the fees for the professional's time, project expenses, travel - related expenses, and all other costs. If requested by the County to participate in and/or provide services for additional meetings, this Agreement may be amended using this daily rate, unless otherwise provided in such amendment(s). Page 16 of 16 CLARASS-01 BADAMS ,4RDE (((J CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/4/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 CONTACT NAME: PHONE (970) 635-9400 F� No): (970) 635-9401 A�ANo EXc ADDRESS: info@mypfsinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: State Auto Ins. Co. of Ohio INSURED Clarion Associates LLC 621 17th St #2260 INSURER B : Pinnacol Assurance Co 41190 INSURER C : US Assure 16535 INSURER D: Houston Casualty Company INSURER E : Denver, CO 80293 INSURER F : rcoTlcld`ATC kit IIIARFR• KEViSiON NUMCCK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY INSD WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DDNYYY LIMITS EACH OCCURRENCE $ 2,000,000 DAMAGE TO HEN 11- PREMISES Ea occurrence $ 300,000 CLAIMS -MADE X OCCUR X BOP2630684 08/11/2016 08/11/2017 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO ❑ LOC JECT GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 HNO Auto $ 1,000,000 OTHER: LIABILITY Ea accident SINGLE LIMIT COMBIAUTOMOBILE $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CXS2102792 08/11/2016 08/11/2017 EACH OCCURRENCE $ 2,000,000 HCLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION $ 0 WORKERS COMPENSATION Products PER OTH- ISTATUTE ER $ 2,000,000 E.L. EACH ACCIDENT $ 1,000,000 B AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 4060755 07/01/2016 07/01/2017 E.L. DISEASE - EA EMPLOYEO $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 CWorker's D Compensatio Professional Liabili WC4633097-06 H715-106547 07/01/2016 09/22/2015 07/01/2017 09/22/2016 Other States 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) If required by written contract, the Certificate Holder is included as Additional Insured for ongoing op rations un neral Liability and Designated Insured under Automobile Liability (except Hired and Non -Owned Automobile). APPRO D M EM(:NT BY WAIVER 1 _ CERTIFICATE HOLDER ��"•�«"" ""• Monroe County BOCC Attn: Mayte Santamaira 2798 Overseas Highway, Suite 400 Marathon, FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 1 V00-11U 114 AV%JRv %Iwmvwr . I—. — ny.,w .`...., ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CLARASS-01 JVVYATT _ DATE (MMIODNMI CERTIFICATE OF LIABILITY INSURANCE 712912016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . C CT PRODUCER NAMEAx PFS Insurance Group P E 970 635.9400 _ __IAIC, :J970) 635-9401 4848 Thompson Parkway Suits 200 Johnstown, CO 80534 A u" Ess_ inio�mypfsinsurance.COm _ INSUREINSI AFFORDING COVERAGE NAIC e INSURER Auto Ins. Co. of Ohio —_ ______ - ----------- 411190 INSURER uRER a: Pinnacol AssuranceCo � 1_ INSURER C: US ASSUr@ .16535 Clarion Associates LLC t 621 17th Stf12250 suaERD_ s+Houston Casualty Coln anY Denver, CO 80293 INS E-- COVERAGES CERTIFICATE NUMBER:THIS IS To 13ELOW HAVE BEEN ISSUED TOTHE PERIOD INDICATED. NOTTWITHSTANDING IFY ANY REQUIREMENT. TERMTHAT THE POLICIES OF INSURANCEI STED OR CONDITION OF ANY CONTRACT OR OTHER DOCUMINSURED NAMENTED WITH RESPECT O WABOVE FOR THE HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �&KY ur • V6UUY €*_7--� LIMITS LR TYPE Of INSURANCE POLICY NUMBER MMIDDIYYYYQ _ _.. 0 _ �-+COMMERCIAL GENERAL LIABILITY II EACH OCCURRENCE f 2,000,0001 A X SOP2630684 0811112015 00/1112016 PREMISES Ea e s 30-0-0001' CLAIMS -MADE : OCCUR X —g 000 F_- t MED EXP (Any one Pwcn) $ .._ _ --'—i Jlf PERSONAL 6 ADV INJURY $ -----Z'O� ��� 4,000,0001 L!"xL AGGREGATE LIMIT APPLIES PER. j GENERAL AGGREGATE S JECaT ��1 E r — PRODUCTS . COMPIOP AGG S 49000,000� POLICY E PRLOC S oT R Lt a+garh! L i s — -- 1,000,0001 AUTOMOBILE LIABILITY A ANY AUTO X iBAP2400115 0811112015Per ', 09/11/2016 BODILY INJURY (Par son) $ _ BODILY INJURY (Per aetident)� S ALLOWNED �'' SCHEDULED 1LED I - - - - - AUTOS AUTOS X HIRED AUTOS AUTOS I ,1Per arxi t S UMBRELLA LU1B OCCUR EACHOCCURRENCE S �_ 2,000,00 A EXCESS i — CLAIMS•MADE ICXS2102792 0811112015I0811112016_AGGR_EGATE S 2'000'00 _ _.. AND EMPLOYERS' LIABILITY B C h orker's Compensatio p Profession Liability CUTIVE i !� NIA 4060755 i — •- rMC4633097-I IH715-10654T ------ I _I] Sll►TUTE - X 07101120161 07101/2017 E.L EACH ACCIOEN i TL. DISEASE . EA E S CL- ulACNC • r' 0710112016� 0710 11 017 Other States 0912212015 OW2212016I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD iOl. Addlllonal Remarks Schedule, may be attached if more space is requbad) :onsulting Services f required by written contract, the Certificate Holder Is included as Additional Insured for ongoing operations TT G�raerall under Automobile Liability (except Hired and Non -Owned Automobile). Monroe County SOCC Attn: Mayte Santamaira 2798 Overseas Highway, Suite 400 Marathon, FL 33050 ACORD 25 (2014101) S t,uuu,tu 1,000,00 t 1,000.00 1,000,00 1,000,0a Designated Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE 01988-2014 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD