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10/19/2016 AgreementCounty of Monroe Ile Flofida Keys 1 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292 -4441 — Phone (305) 292 -4544 - Fax MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 Danny L. Kolhage, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 Yu: Cheryl Robertson — Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: November 2, 2016 SUBJECT: Small Contracts approved at 10/19/2016 BOCC Meeting. Item P5 Ratification of two (2) small contracts signed by the County Administrator. Item P6 Ratification of Thomas Murray & Associates Small Contract signed by the County Administrator for the amount of $10,500.00. These are both small contracts that are for your records only. Enclosures: GHD Services, Inc. — 1 Copy ESRI — 1 Copy Thomas Murray & Associates — 1 Copy Thank you, Lindsey G� c -r W .1 I GG' Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000 Contract with: Thomas Murray& Assoc Contract# Effective Date: September 26, 2016 Expiration Date: March 26, 2016 Contract Purpose/Description: To employ the professional services of Thomas Murray, an economist and fisheries expert, (and experience and background with the Florida Keys fisheries as well) to help develop the management/business plan for the commercial fishing property known as "Gulf Seafood." The management/business plan is a requirement of the Mayfield Working Waterfront grant agreement with the State of Florida. Contract Manager: Lisa Tennyson 4444 Legislative Director/ Stop #1 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 10,500.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: - - - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out D to Needed R i er Department Head Yes❑ No Risk Management ID'u•1 1p Yes❑ No IU•U- I y O.M.B./Purchasing I o jill Yes❑No2/ C6M (0/4 kJ/ County Attorney C) (i p Yes❑No C411„4jauff----Ecortcol TI l Comments: AGREEMENT FOR CONSULTING SERVICES FOR DEVELOPMENT OF MANAGEMENT /BUSINESS PLAN FOR GULF SEAFOOD PROPERTY 1 This Agreement ( "Agreement") made and entered into this 4 d of September, 2016 by and between Monroe County, a political subdivision of the State of Florida, whose address Is 1100 Simonton Street, Key Wesl, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND Thomas J. Murray, & Associates, Inc, whose address is P.O. Box 1083 Gloucester Point, Virginia, 23062 hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the development of a management/business plan for the commercial fishing property at 6021 Peninsular Avenue, known as "Gulf Seafood ", which the County is currently In the process of acquiring; and; WHEREAS, CONSULTANT has agreed to provide professional services which services shall collectively be referred to as the "Project "; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 'I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Scope of Work and information sources available to complete the work. 1.1.3 The CONSULTANT'S services shalt be performed as expeditiously as Is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT 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 notice of termination to the CONSULTANT. 1.1.4 At all times and for all purposes under this agreement the CONSULTANT 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 CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.5 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, In its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Appendix A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts In the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be In writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Lisa Tennyson Director of Legislative Affairs 1100 Simonton Street, Room 2 -213 Key West, Florida 33040 And: County Attorney Monroe County Attorney's Office 1111 12 "' Street, Suite 408 Key West, Florida 33040 And CONSULTANT: Thomas J. Murray & Associates, Inc. P.O. Box 1083 Gloucester Point, Virginia 23062 ARTICLE 111 ADDITIONAL SERVICES 3.1 The services described in Article III are not included In the Basic Scope of Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Scope of Services and are as follows: Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only If approved by the COUNTY before commencement. 3.2 if Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or Its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.2 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served If sent pursuant to paragraph 2.3. 4.3 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.4 The COUNTY's review of any documents prepared by the CONSULTANT shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of Its work product. 4.5 The COUNTY shall provide copies of necessary documents required to complete the work. 4.6 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, Its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, errors, or any other wrongful act or omission of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT 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. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required Insurance, the CONSULTANT shall Indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity In the documents provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify It from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII COMPENSATION 6.1 PAYMENT SUM 6.1.1 The COUNTY shall pay the CONSULTANT In current funds for the CONSULTANT'S performance of this Agreement based on rates and schedule negotiated and agreed upon and shown In Appendix A. 6.2 PAYMENTS 6.2.1 For Its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shalt be paid as shown in Appendix A. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes, (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, 4 compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data In support of expenses for which payment Is sought at the COUNTY may requlre. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses Include expenses Incurred by the CONSULTANT In the interest of the project as shown in Appendix A: a. Travel expenses related to completion of Project, submitted by CONSULTANT, in writing and authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of Project maps or drawings or other materials used in performing the scope of services and postage and handling of reports. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses In excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's, Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX MISCELLANEOUS 9.1 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. 9,2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT 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 the CONSULTANT, 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 subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the Immediately preceding sentence, each party hereto binds Itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent In any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of Its Intention to do so. 9.6 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, 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 submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a 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 TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result In debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that It has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 6 CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant Is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.9 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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 CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with Interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.10 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. in the event that any cause of action or administrative proceeding Is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, In the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.11 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 CONSULTANT 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. 9.12 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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 in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 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. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If 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. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter Into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees 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 of race, 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 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) 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; 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) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender Identity or expression, familial status or age; 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. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY 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 only interest of each is to perform and receive benefits as recited In this Agreement. 9.20 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. 9.21 NO SOLiCITATIONIPAYMENT The CONSULTANT and COUNTY 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, the CONSULTANT 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. 9.22 PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and Inspection of, all documents, records, papers, letters or other "public record" 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision In the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with Its advisors about Florida Public Records Law In order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor Is required to; (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by taw for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that Is compatible with the Information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but If the County does not possess the requested records, the County shall Immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions In accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS UEST ONS EGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TOMIE CONTRACTOR'S DUTY TOPROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF 10 PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY_ BRIAN0_M0NROECOUNTY -FL GOV. MONROE COUNTY ATTORNEY'S OFFICE 1111 127" Street, SUITE 408, KEY WEST FL 33040 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 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. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. 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 the 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. 9.26 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 CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or 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. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, Including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth In negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual. unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 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 of the execution of this Agreement. 9.29 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by Its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONRO UNTY, FLORIDA By: Ror6an Gastesf, County ministrator Date SePtLm loty a1 (Seal) Attest: Thomas J. Murray Title: Title: r END OF AGREEMENT c: ;!; i!S rar•;�. �.,. L!f,'3`r "l; r'.E,itfiE�G \ °�:ti 12 APPENDIX A Proposal for Working Waterfront Facility Management Plan — Monroe County, Florida. Thomas J. Murray & Associates, Inc. September 7, 2016 Development of Stock island Working Waterfront Facility Feasibility & Management Plan for the Commercial Fishing Property known as "Gulf Seafood" Primary task areas that will support the development of the Facility Management Plan: Assist Monroe County Staff In Development of Facility Management Plan a. Assess local Fishing Industry ideas and perspectives related to the Facility. b. Develop organizational /management options for facility. c. Develop estimates of operating costs and revenues related to various facility scenarios. d. Develop estimates of necessary upgrades and improvements. Assess Local Industry and Perspectives Local Industry interviews /meetings will be completed to gain experienced views on opportunities and constraints to the facilities redevelopment and operations. The fish harvester details gathered will help develop vessel profiles and operating factors important to the site and regional fisheries. Primary and secondary information will be gathered on the number of potential vessels using the facility, an analysis of landing data by value and species, fishing and operational characteristics, trends and outlook on pattern of usage, level of effort, cost and returns, etc. This will help to estimate a range of scales and levels of through -put for the facility. In addition to individual background data local landings, species, values and processing /marketing conditions will be assimilated to provide a current focus to the facilities broader potential. The extent to which the facility might operate traditionally as both a supplier of fishing inputs and a buyer of harvests will be determined. That decision will inform the organizational analysis. Determine Organizational Options for Facility The early discussions with existing local industry will help develop options for managing while Identifying and evaluating various types of management structures. This interim organizational analysis will consider points of agreement and disagreement among the fishing stakeholders on the establishment of different management structures. These structures might include for example corporate for profit or non - profit, supply or marketing cooperative, etc. In addition to dockage, the provision of fishing vessel inputs such as fuel, ice, bait, other materials and supplies will be considered as a business line after gaining some consensus from the industry. Each of these models has unique financial characteristics, risks and advantages to be evaluated. Open display or electronic auctions may also be considered. Murray has evaluated these alternative marketing mechanisms; and If deemed of interest, may be evaluated within the context of the local fishery and Industry. Develop Pro - forma facility Income and Expense Estimates Based on the discussion and primary and secondary data gathered from industry and the Florida Fish and Wildlife Commission, a fish and shellfish product mix will be assessed and various levels of throughput will be evaluated for impacts on the facility's cost and earnings. For the sake of flexibility APPENDIX A Proposal for Working Waterfront Facility Management Plan — Monroe County, Florida. Thomas J. Murray & Associates, Inc. September 7, 2016 the feasibility analysis will address three various levels of business activity levels (low, median, high) of overall products going through the facility will be presented" As the fishery products are unloaded either from vessels or trucks, the financial margins related to wholesaling or further processing will be estimated to generate overall cost and revenue levels to the enterprise as it may consider conducting value added wholesaling, processing, etc. In addition to estimated Income /revenue and operating costs and projections Including facility management, maintenance and utilities, the plan will also include an assessment of the property's features and necessary upgrades and improvement costs. Assist in Developing Facility Management Plan With completion of the tasks outlined above, a Management Plan will be developed to comply with the requirements of the State grant agreement. It will also be presented to the Board of County Commissioners for approval. Murray will work directly with Monroe County project manager throughout the project process to insure that all Information is shared In a timely manner. Project Budget and Schedule Duration: 90.150 days. Project Cost: $ 6,500. Disbursed as follows: • 504 payable upon completion of 90 -day project Interim report; • Balance payable after Final Plan developed and presentation to the Board of County Commissioners. Plus Travel: may require up to 2 -3 trips @ $1,200 per trip (3 days per trip) Approved travel costs will be reimbursed within 30 days of invoice following travel. Misc. Reproduction Costs /Postage: $400 max. if necessary Total Maximum Contract Cost: $10,soo Thomas J. Murray & Associates, Inc. P.O. Box 1083 Gloucester Point, Virginia 23062 Phone: 804- 684 -7190 www.vims.e_dg /people / murray Ondex php Tax ID 59- 3476SS3 DUNS 176562866 1 Murray reported on values of fishery products landed in the Stock Island fisheries. "Potential Economic Activity with Gulf Seafood Facility Key West, Florida — 2007 ". CURRICULUM VITA THOMAS J. MURRAY P.O. BOX 1083 • GLOUCESTER POINT, VIRGINIA 23062 PHONE: 804 - 684 -7190 • E -Mail: times- vims.edu www.vims.edli/2eople/murray tj /index.php Education: Master of Science, Applied Economics —1976 Area of Emphasis: "Natural Resources and Regional Development" Clemson University, Clemson, South Carolina Bachelor of Arts, Economics - 1971 Kenyon College, Gambier, Ohio Supplementary Course Work: Applied Natural Resource Economics; Economics of Outdoor Recreation; Agricultural Banking; Agricultural Credit Analysis ; Advanced Agricultural Credit Analysis; Agricultural Appraisal; Advanced Agricultural Appraisal. Professional Background: 2009 — Present Associate Director for Advisory Services - Faculty, College of William & Mary, Virginia Institute of Marine Science, Gloucester Point, Virginia 1999 — 2008 Marine Business and Coastal Development Specialist— Faculty, College of William & Mary, Virginia Institute of Marine Science, Gloucester Point, Virginia 1990 — Present Consulting Economist — Specializing in the application of economic theory, statistics, and econometrics to evaluate public policy alternatives and provide associated state and federal government- relations representation. Clients range from public agencies to private industry, international consulting firms, universities, and trade associations. 1995-1999 Adjunct Senior Research Associate — School of Policy Studies, Georgia State University; Atlanta Georgia 1990-1997 Senior Research Associate — Center for Economic & Management Research, University of South Florida; Tampa, Florida 1991 -1995 Instructor of Economics — Hillsborough Community College; Tampa, Florida 1985 — 1990 Executive Director— Gulf & South Atlantic Fisheries Development Foundation, Inc.; Tampa, Florida 1982-1985 Loan Officer /Aquatic Specialist— Federal Land Bank/Federal Intermediate Credit Bank of Columbia, Columbia, South Carolina; Credit and Appraisal Department for joint banks in the 3rd Farm Credit District (N.C., S.C., Ga., Fla.) 1980-1982 Resource Economist— College of William and Mary, Virginia Institute of Marine Science; Gloucester Point, Virginia 1978-1980 County Extension Director /Marine Advisory Agent -Monroe County Florida -University of Florida, Institute of Food and Agricultural Sciences; Key West, Florida 1977-1978 Research Assistant— South Carolina Wildlife and Marine Resources Department; Charleston, South Carolina 1976-1977 Instructor of Economics — Tri- County Technical College, Pendleton, South Carolina 1973-1975 Graduate Student/Research Assistant — Clemson University Department of Agricultural Economics; Clemson, South Carolina Selected Past & Current Public Service and Committee Appointments: Chairman, Fisheries Committee of the American Agricultural Economics Association (AREA) Chairman, Gulf of Mexico Marine Fisheries Initiative (MARFIN): State, Federal, Private, Marine Fisheries Research Chairman, American Seafood Industry Executive Marketing Team (Washington, D.C.) Chairman, Southeastern Shrimp Industry/U.S. Department of Commerce Technology Transfer Task Force Chairman, Florida Keys Marine Advisory Council Chairman, Florida Keys Boating Improvement Committee Appointee, National Fisheries Institute "Fresh Fish Committee" (Washington, D.C) Appointee, Seafood Industry Advisory Committee, Florida Department of Agriculture Development Team, IRS Publication 595 "Tax Guide For Commercial Fishermen" Technical Steering Committee, U.S. E.P.A. "Gulf of Mexico Program" U.S. National Marine Fisheries "Shellfish Growing Waters Task Force" Key West Community Development Agency. Advisor, Chesapeake Bay National Estuarine Reserve System. U.S.D.A. Tidewater Resource Development and Conservation Council. Rappahannock Community College Citizen Advisory Committee. Governor's Aquaculture Advisory Committee. Sea Grant National Sustainable Development Focus Team. Selected Courses and Professional Development Seminars Conducted: Financing Shore -side Facilities: Federal Land Bank of Columbia, SC Aquatic Credit Training: 3rd. Farm Credit District Production Credit Associations (NC, SC, GA, FLA) Financing Commercial Fishermen; Loan Officer Training: 3rd. Farm Credit District Production Credit Associations (NC, SC, GA, FLA) Analysis of Fishing Vessel Sales and Appraisals: Federal Intermediate Credit Bank of Columbia, SC Aquatic Credit and Appraisal Training for Bankers: Federal Intermediate Credit Bank of Columbia, SC Cash Flow Financing for Credit Officers: FarmBank Services of Denver, CO National Aquatic Credit Training: FarmBank Services of Denver, CO Special Purpose Property: Appraisal Techniques for Aquatic Loan Officers: Federal Land Bank of Columbia, SC Record Keeping for Commercial Fishermen: University of Florida Tax Preparation for Commercial Fishermen: University of Florida K Academic Courses Taught: Microeconomics, Macroeconomics, Natural Resource Economics Major Areas of Expertise: Natural Resource Economics Regional Development Public Policy Research Economic Impact Analysis Forecasting Data Collection and Analysis Survey Research Technical Consultation Recent Selected Clients Include: A.T. Kearney, Inc.; Alexandria, Virginia BP MSL Plaintiff Steering Committee; Roy, Herman, et al. New Orleans, Louisiana Broward County Economic Development Commission Burger Boats Chilean Salmon Farmers Association; Santiago, Chile City of Key West, Florida City of Fort Lauderdale, Florida East Coast Fisheries Foundation, Inc.; Narragansett, Rhode Island Louisiana Department of Wildlife and Fisheries; Baton Rouge, Louisiana Louisiana State University: Center for Coastal, Energy, and Environmental Resources; Baton Rouge, Louisiana Marine Industries Association of Florida; Coral Gables, Florida Marine Industries Association of South Florida; Fort Lauderdale, Florida Massachusetts Government Land Bank; Boston, Massachusetts Middle Peninsula District Planning Commission; Saluda, Virginia Monroe County Commercial Fishermen, Inc.; Marathon, Florida National Marine Fisheries Service; Miami, Florida National Marine Manufacturers Association; Chicago, Illinois National Oceanic & Atmospheric Administration, Rockville, Maryland Ocean Marine, LLC; Portsmouth, Virginia P.M. Securities, Inc. Toronto, Canada Strom Thurmond Institute of Government and Public Affairs, Clemson University; Clemson, South Carolina Yachting Promotions, Inc., Fort Lauderdale, Florida Techlaw, Inc., Bethesda, Maryland Virginia Department of Health; Richmond, Virginia 3 Selected Research Reports and Publications: "Economic Activity Associated With the 5e Annual Fort Lauderdale International Boat Show — November 5-9, 2015 ". T.J. Murray. March 2016. "Internet Based Marina Economic Impact Calculator" T. J. Murray & Alan Hodges. https:/ /marinaassociation.org/meic / ?utm source = AMI &utm medium = banner &utm campaign =AMI %2 OBanner January 2016 "Economic Impact of Porto Montenegro — Tivat, Republic of Montenegro". T. J. Murray. December 2015. "Economic Impact of Dania Florida Cutoff Canal Dredging ". T.J. Murray. Florida Inland Navigation District. September 2015. "Economic Impact of Working Waterfront — Hampton, Virginia " T. J. Murray VIMS MRR2015 -11. VSG- 15 -04. August 2015 "Aberdeen Creek Dredging Project- Restarting and Economic Engine. " T.J. Murray. VIMS MRR2015- 09. VSG- 15 -02. July 2015 "Virginia Seafood Sustainability " T.J. Murray, R.A. Fisher, C.J. Petrone. VIMS MRR 201 5- 05.May 2015. "Economic Impact of Porto Montenegro — Tivat, Republic of Montenegro. July 2015. Adriatic Marinas. Tivat, Montenegro. Karen Hudson & Thomas Murray. 2016 Virginia Shellfish Aquaculture — Situation Outlook Report (Results of 2015 Virginia Shellfish Aquaculture Crop Reporting Survey). VIMS Marine Resource Report No. 2016 -3. VSG- 16 -01. 20 pages. Murray, Thomas J. 2016 2015 Virginia Fishery Resource Grant Program Legislative Report. VIMS Marine Resource Report No. 2016 -1. 28 pages Murray, Thomas J. "Virginia Working Waterfronts — Sense of the Symposium Report. " with R. Lydecker. "Evaluation of a Recreational "Marine Hub " in Lancaster County, Virginia. " A report to VISIONS. VIMS Resource Report No. 2014 -14. VSG- 14 -08. Murray, Thomas J. 2015. 2014 Virginia Fishery Resource Grant Program Legislative Report. VIMS Marine Resource Report No. 2015-1. 28 pages. Karen Hudson & Thomas Murray. 2015. Virginia Shellfish Aquaculture — Situation Outlook Report (Results of 2014 Virginia Shellfish Aquaculture Crop Reporting Survey). VIMS Marine Resource Report No. 2015-3. VSG -1 S -01. 20 pages. Virginia Fishery Resource Grant Program — 2014. Annual Report to the Governor and General Assembly of Virginia. VIMS MRR 2015-1 4 Economic Impact of the Recreational Marine Industry — Broward, Dade and Palm Beach Counties, Florida. Greater Fort Lauderdale Alliance, Marine Industries Association of South Florida. October 2014. "An Assessment of the Social and Economic Importance of Menhaden (Brevoortia tyrannus) (Latrobe, 1802) In Chesapeake Bay Region." Contributor with James E. Kirkley. VIMS Marine Resource Report No. 2011 -14. Market Analysis for Port Aransas Marina Development — Port Aransas, Texas. The City of Port Aransas, Texas. September 2014. "Economic Activity Associated with Commercial Fisheries and Shellfish Aquaculture in Northampton County, Virginia. " VMRR 2014 -12. VSG -14 -1 2013 Virginia Fishery Resource Grant Program Legislative Report. VIMS Marine Resource Report No. 2014 -1. 2014. Virginia Shellfish Aquaculture — Situation Outlook Report (Results of 2012 Virginia Shellfish Aquaculture Crop Reporting Survey). VIMS Marine Resource Report No. 2014 -2. VSG -14 -0. Economic Activity Associated With the 2013 Progressive Insurance Miami International Boat Show. National Marine Manufacturers Association. September 2013. Economic Activity Associated with Shellfish Aquaculture in Virginia - 2012, VSG- 13 -17. VIMS Marine Resource Report No. 2013 -4, July 2013. Mega Yacht Economic Analysis for the Las Olas Marina Expansion Feasibility Study Fort Lauderdale, Florida. City of Fort Lauderdale, Florida. January 2013 VMRR2012 Virginia Fishery Resource Grant Program Legislative Report. VIMS Marine Resource Report No. 2013 -1. "2012 Virginia Shellfish Aquaculture- Situation and Outlook Report ". VMRR No. 2013 -02. VSG- 13 -02. March 2013. "Assessment of the Economic Impacts of Recreational Boating in Virginia. " VMRR. 2012 -12. "Report of the Virginia Institute of Marine Science —the Virginia Fishery Resource Grant Program: 2012. "VMRR 2013 -1 February 2013. "2012 cultchless (Single Seed) Oyster Crop Budgets for Virginia. User Manual" VMRR 2012 -10. VSG - 12-13. 5 "Virginia Shellfish Aquaculture Situation and Outlook Report — Results of 2011 Virginia Shellfish Aquaculture Crop Reporting Survey. " VIMS Report Number 2012 -04. VSG- 12 -07. May 2012. "A Review of Brokered Boat Sales in Florida under the Sales & Use Tax Cap. " Florida Yacht Brokers Association & Marine Industries Association of South Florida. February 2012. "Analysis of the Economic Impact of H -2B Worker Program On Virginia's Seafood Industry and Economy. " VIMS Marine Resource Report No. 2011 -12 "Virginia Shellfish Aquaculture Situation and Outlook Report results of 2010 Virginia Shellfish Aquaculture Crop Reporting Survey. VIMS Marine Resource Report No.2011 -11. VSG - 11 -06. Assessment of the Economic Impacts of Recreational Boating in Middlesex County, Virginia. VMRR # 2011 -3. VSG- 11 -02. "Virginia Fishery Resource Grant Program- 2010 " Report to The Governor and General Assembly. VMRR 2011 -2. "Virginia Seafood Sustainability- A Report Requested by the Virginia Marine Products Board. " With C.J. Petrone. January 2011 VMRR No. 2011 -01 "Economic Impact of the Recreational Marine Industry Broward, Dade, and Palm Beach Counties, Florida — 2010 "The Marine Industries Association of South Florida. November 2010. "Estimated Economic Impact of Gulf Oil Spill on Virginia's Oyster Industry - July 2010" VMRR # 2010 -07. T. Murray and J. Kirkley. "A survey of Boat Sales in Florida ". The Florida Yacht Brokers Association. February 2010. "Virginia Shellfish Growers Survey Report 2008 -2009 Situation and Outlook Survey ". VIMS Marine Resource Report No.2009 -05. VSG 09 -04. "Assessment of the Economic Impacts of Recreational Boating in the City of Hampton." VIMS Marine Resource Report No. 2009 -02. VSG- 09 -02. VSG -08 -08 "Economic Outlook for Expansion of the Eastern Shore Farmers ' Market: Seafood Handling, Storage, and Transportation Facility." VIMS Marine Resource Report No. 2008 -7. "Virginia Shellfish Aquaculture- Situation and Outlook Report ". VIMS Marine Resource Report No. 2008- 02.VSG- 08 -02. May 2008 "Recent Growth, Current Activity, and Economic Impacts Of Mega Yachts In South Florida —1997-2007'. The Broward Alliance & Marine Industries Association of South Florida. October 2007. "Water Access 2007 Conference Proceedings -A National Symposium on Working Waterways and Waterfronts ". May, 2007. VSG- 07 -03. VIMS Marine Resource Report 2007 -04. "Virginia Shellfish Aquaculture- Situation and Outlook Report ". VIMS Marine Resource Report No. 2007 -02. VSG- 07 -02. April 2007 "Potential Market and Economic Impact of Proposed PORTO MONTENEGRO- Tivat, Republic of Montenegro". P.M. Securities (Barbados), Inc. February 2007. "Market Assessment and Feasibility Analysis for Small Scale Aquaculture Development in the Southside of Virginia." VIMS Marine Resource Report No. 2006 -11. December 2006. "Broward's Recreational Marine Industry - Economic Activity Associated with In -Water & Dry Stack Boat Slips - August 2006" Marine Master Plan Committee. Marine Industry Association of South Florida, Inc. Fort Lauderdale, Florida. August 2006 "Economic Activity Associated With the Inaugural "Virginia In -Water Boat Expo September 9 -11, 2005'. VMRR 2006 -01. VSG- 06 -02. April 2006. "Tortugas 2000 -A Post Mortem: Evaluation of Actual Versus Projected Socio- Economic Impacts of the Dry Tortugas Ecological Reserve" Project Final Report. NOAA Contract NA04NMF4330079. May 2006. "Virginia Shellfish Aquaculture- Situation and Outlook Report ". VIMS Marine Resource Report No. 2006- 05.VSG- 06 -06. April 2006. "Economic Activity Associated With the Inaugural "Virginia In -Water Boat Expo September 9 -11, 2005 ". VIMS Marine Resource Report No. 2006 -01. VSG- 06 -02. April 2006. "Economic Impact of the Recreational Marine Industry - Broward, Dade, and Palm Beach Counties, Florida - 2005" for The Broward Alliance and Marine Industries Association of South Florida. Fort Lauderdale, Florida. January, 2006. "Economic Contributions of Virginia's Commercial Seafood and Recreational Fishing Industries: A User's Manual for Assessing Economic Impacts. " With J. Kirkley VIMS Marine Resource Report No. 2005 -9. December, 2005. "Florida's Recreational Marine Industry- Economic Impact and Growth 1980 - 2005 " for Marine Industries Association of Florida. December, 2005 Miami, Florida. "The Impacts of The Cruise Ship Industry on the Quality of Life in Key West ". For City of Key West Naval Properties Local Redevelopment Authority. October 2005. "Yachting Sector Development Study- Strategic Plan " with Acme Consulting Inc. for St. Lucia Ministry of Tourism. June, 2005. U.S. Caribbean Fish Trap Fishery Costs and Earnings Study 2005. NOAA Technical Memorandum NMFS- SEFSC- 534, 127 p. with Agar, J. J, M. Shivlani, J. R. Waters, M. Valdes - Pizzini, J. Kirkley and D. Suman. "Economic Activity Associated with the Sixty- Fourth Miami International Boat Show & Strictly Sail - February 17 -21, 2005, " (with the University of Florida) prepared for the National Marine Manufacturers Association, Inc., Chicago, IL, May 2005. "Economic Activity Associated with Clam Aquaculture in Virginia - 2004 " VSG - 05 -05. VIMS Marine Resource Report No. 2005 -05, Virginia Institute of Marine Science. Gloucester Point, Virginia. July 2005. "Pilot -scale Production Economics of C. Ariakensis Oysters " VSG - 05 -03. VIMS Marine Resource Report No. 2005 -04, Virginia Institute of Marine Science. Gloucester Point, Virginia July 2005. 7 "Recent Growth, Current Activity and Economic Impacts of Mega Yachts in South Florida 1997 — 2003, " prepared for the Marine Industries Association of South Florida, the Broward Alliance, Ft. Lauderdale, FL, 2003. "Socio- Economic Baseline Development Florida Keys National Marine Sanctuary: 1998 - 2002" February 2003. "Geospatial Information System (GIS) Analysis of Florida Keys National Marine Sanctuary Fishing Panels" February 2003. NOAA /NOS. "Economic Activity Associated with the Atlantic Intracoastal Waterway " Proceedings of Coastal Zone '03. Baltimore, Maryland. 2003. "Virginia Marine Trades Workforce Training -A Regional Needs Assessment. " Virginia Marine Resource Report 2004 -02, VSG - 04 -02. "Economic Reliance on Use of Imported Shrimp in the United States. " American Seafood Distributor's Association. Washington, D. C. January 2003. "Economic Analysis of Marine Protected Areas ". Proceedings of the International Institute of Fisheries Economics and Trade (IIFET 2002). Wellington New Zealand 2002 "Evaluation of Comparative Watercraft Personal Property Taxation in Northern Neck Localities. " Virginia Marine Resource Report 2002 -7 "Economic Activity Associated With the 17th Annual Palm Beach Boat Show — March 21 -24, 2002 " (with the University of Florida) prepared for Marine Industries Association of Palm Beach and Yachting Promotions, Inc. "Evaluation of Comparative Waterfront Personal Property Taxation in Middle Peninsula Localities. " Virginia Marine Resource Bulletin 2001 -12. "Virginia Boating Plan and Access Needs Assessment." Virginia Marine Resource Bulletin 2001 -13 "Boating Growth and Trends " Virginia Marine Resource Bulletin. 2001. "Virginia Marina Infrastructure Needs Assessment. " Virginia Marine Resource Bulletin 2001 -2, VSG- 01 -02. "Potential Market for World Port Florida Yacht Center — Port Everglades, Florida. " Burger Boats — World Port Florida, L.L. C. December 1999. "Economic Activity Associated with the Miami International Boat Show — February 11 -17, 1999, " (with the University of Florida) prepared for the National Marine Manufacturers Association, Inc., Chicago, IL, 1999. "Potential Market for the Ocean Marine Yacht Center, " prepared for the Ocean Marine, L.L. C., Portsmouth, Virginia, 1999. "Economic Impacts of Hurricane Georges on Monroe County Commercial Lobster Fishing, 1998, " prepared for the Monroe County Commercial Fishermen, Inc., Marathon, FL, 1999. E3 "Recent Growth, Current Activity and Economic Impacts of Mega Yachts in South Florida —1997, " prepared for the Marine Industries Association of South Florida, the Broward Alliance, Ft. Lauderdale, FL, 1998. "Economic Activity Associated with The Thirty- Eighth Annual Fort Lauderdale International Boat Show, " (with the University of Florida) prepared for Marine Industries Association of South Florida, Broward Economic Development Council, and Show Management Inc., Ft. Lauderdale, FL, 1998. "Economic Activity Associated with the Marketing of Fresh Atlantic Salmon from Chile in the U.S., " (with Center for Economic and Management Research, University of South Florida) prepared for Chilean Salmon and Trout Farmers Association, Santiago, Chile, 1997. "Florida's Recreational Marine Industry — Economic Impact and Growth, 1980 -1997, " (with R. McHugh) prepared for Marine Industries Association of Florida, Inc., Coral Gables, FL, 1997. "Economic Impact of the Recreational Marine Industry — Broward County, Florida, " (with R. McHugh) prepared for Marine Industries Association of South Florida, Ft. Lauderdale, FL, 1997. "The Florida Marine Industries "10 -90 " Sales Tax Initiative," (with R. McHugh) prepared for Marine Industries Association of South Florida, Ft. Lauderdale, FL, 1997. "Economic Activity Associated with Personal Watercraft Use in Monroe County, Florida, " (with R. McHugh) prepared for the Personal Watercraft Industry Association /National Marine Manufacturers Association, Chicago, IL, 1996 "Economic Impact of Commercial Fisheries in the Florida Keys, " (with Center for Economic and Management Research, University of South Florida) prepared for the Monroe County Commercial Fishermen Inc., Marathon, FL, 1995. "Northeast Multi- Species Fishery Management — A Current Review, " prepared for The East Coast Fisheries Foundation, Inc., Point Judith R.I, 1992. 1987 -1990. Industry Development and Introduction of TEDs (Turtle Excluder Device) in the Southeastern Shrimp Industry. Conducted for National Marine Fisheries Service, St. Petersburg, FL. 1982 -1985. Monthly "Shrimp Industry Situation and Outlook Report, " prepared for Farm Credit Banks, Columbia, SC. "Price Flexibility and Demand Analysis for Virginia Hard Clams; Mercenaria mercenaria, " (with W. DuPaul andA. Kvaternik), Virginia Institute of Marine Science, College of William and Mary, Gloucester Pt., VA, 1981. "Analysis of Three Site Locations for Crab Meal Production in the Chesapeake Bay Region, " (with W. DuPaul), Virginia Institute of Marine Science, College of William and Mary, Gloucester Pt., VA, 1981. "Feasibility of Shellfish Meal Production in the Chesapeake Bay, " (with W. DuPaul), Virginia Institute of Marine Science, College of William and Mary, Gloucester Pt., VA, 1980. "Economic Impact of Recreational Boating in Virginia, " (with J. Lucy and W. DuPaul), Virginia Institute of Marine Science, College of William and Mary, Gloucester Pt., VA, 1980. "Cost and Returns of Commercial Shrimp Vessels in the South Atlantic, " (with D. Liao), South Carolina Wildlife Dept., Ft. Johnson, SC, 1976. "Mobility of Shrimp Vessels in the South Atlantic, " (with D. Liao), South Carolina Wildlife Dept., Ft. Johnson, SC, 1976 "An Industrial Quality Index of Alternative Coastal Developments, " (with B. Dillman), South Carolina Agricultural Experiment Station, Clemson, SC, 1976. "Economic Impact of S. C. Private Boat Anglers, " (with D. Liao), South Carolina Wildlife Dept., Ft. Johnson, SC, 1976 "Economic Impact of Flood Control; Marion County, S. C., " (with B. Dillman), U.S. Soil Conservation Service, Columbia, SC, 1974. Invited Public Testimony and Presentations Include: U.S. Senate Commerce Committee, regarding the "Reauthorization of the Magnuson Fishery Conservation and Management Act." House Merchant Marine and Fisheries Committee, regarding the "Reauthorization of the Magnuson Fishery Conservation and Management Act' Smithsonian Institute, "Future of the Coastal Fisheries in Florida" Florida Governor and Cabinet Meetings Florida Marine Fisheries Commission Atlantic and Gulf of Mexico Regional Fisheries Management Councils Expert Testimony in Natural Resource issues provided in numerous state and federal courts Other formal presentations related to the economics of natural resources have included various media: Magazines, Newspapers, Network and Public Broadcasting Television, Radio, Video. Professional Associations: American Agricultural Economics Association International Institute of Fisheries Economics & Trade North American Association of Fisheries Economists Southern Regional Science Association, The Coastal Society. Personal Data: Date of Birth: June 16, 1949 Place of Birth: Charleston, West Virginia Citizenship: USA 10