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
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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
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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,
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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.
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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
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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