Item R3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Department: County Attorney
Bulk Item: Yes X_ No _ Staff Contact Person: Bob Shillinger
Phone#: 292-3470
AGENDA ITEM WORDING: Approval of First Amendment to contract with Erin L Deady, P.A. as
outside legal counsel for issues related to the RESTORE ACT, this amendment increases the
maximum cap on attorney fees to a ceiling of Thirty Thousand Dollars and No/cents ($30,000); and
add required language from F.S. 119.0701(2)regarding public records
ITEM BACKGROUND: The County continues to require assistance in legal issues related to the
RESTORE ACT legislation, and related State and Federal procedures and regulations.
Agreement witRhEthe EVANT BOCC ACTION: On July 17 2013, the BOCC passed the origin
al
al
CONTRACT/AGREEMENT CHANGES: Increase the attorney fees cap to a ceiling of Thirty
Thousand Dollars and No/cents ($30,000);and clarifies language as to public records.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $30,000 in fees INDIRECT COST: _ BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: see above SOURCE OF FUNDS: &--,,4ya.2
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
gyp(/ V _
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Erin Daedy P.A. Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
First Amendment to contract re Restore Act assisstance
Contract Manager: Bob Shillinger 3470 Legal
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 30,000 Current Year Portion: $ 15,000
Budgeted? Yes® No ❑ Account Codes: 67501-530318- - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes No
Risk Management .. Yes❑ No❑"
O.M.B./Purchasing A Yes[:] ®No w q
County Attorney Yes® No
Comments:
OMB Form Revised 2/27/01 MCP#2
1st AMENDMENT TO AGREEMENT
BETWEEN MONROE COUNTY AND ERIN L. DEADY, P.A.
This First Amendment (herein after"Amendment")to the Agreement dated July 17, 2013,
between Monroe County("County") and Erin L. Deady, P.A. ("Attorney"), is made and entered
into this 191" day of February 2014, in order to amend the Agreement as follows:
In consideration of the mutual promises, covenants and agreements stated herein, and for
other good and valuable consideration, the sufficiency of which hereby acknowledged,the
County and Attorney agree to amend their Agreement as follows:
1. The parties agree to amend Paragraph 4, SCOPE OF THE WORK AND LIMITATION ON
ATTORNEY FEES to increase the maximum amount of the Agreement from Fifteen
Thousand Dollars and No/Cents($15,000.00)to Thirty Thousand Dollars and
no/cents ($30,000.00) in attorney fees.
2. The Attorney agrees to the changes in Florida Statute 119.0701 (2) related to public
records requests which require the Attorney to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public
agency.
3. In consideration for such consent,the Attorney agrees to be bound by all the terms
and conditions of the original agreement, as amended above.
t.
4. In all other respects,the original Agreement between the parties remains
unchanged.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
representative on the day and year first written above.
(SEAL)
Attest: AMY HEAVILIN, CPA,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Attorney:
2 MONROE COUNTY ATTORNEY
PROVED AS TO F RM:
Signature
g�� 4�NATILEENE W. CASSEL
�1 N. �� ASSISTANT COUNTY ATTORNEY
Date ,.__. .� . r
Print Name
Date: �-
2
N
AGREEMENT BETWEEN MONROE COUNTY AND
Erin L Deady,P.A.
THIS AGREEMENT,made and entered into this/day of 2013, by and between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,( OU TY"),a political subdivision of the
State of Florida whose address is 1100 Simonton Street, Key West, Florida 33040,and, Erin L.Deady,
P.A.("ATTORNEY"),1111 Hypoluxo Road,Suite 207,Lantana,FI 33462, regarding the retention of
ATTORNEY by COUNTY to provide legal advice and services.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,the
parties agree as follows:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed officers and
its employees,unless COUNTY advises ATTORNEY otherwise.
2. THE ATTORNEY
ATTORNEY is the individual or professional association named above and whose legally authorized signature
appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in all jurisdictions
relevant to this matter. ATTORNEY has been retained specifically because ATTORNEY is understood
by COUNTY to be able to handle this matter. If ATTORNEY practices with others who may also provide
services to COUNTY, he or she understands that COUNTY expects that ATTORNEY will be responsible for
managing the representation, assuring compliance of others with the terms of this Agreement and ethical
requirements, preparing and substantiating all bills, and communicating with COUNTY. ATTORNEY may
not delegate or outsource this work without full written disclosure to,and prior written approval from,the
COUNTY.
3. TERM OF AGREEMENT
This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY and
acceptance and approval by COUNTY in accordance with COUNTY'S policies,ordinances,or governing
statutes.The representation shall continue until terminated by either the COUNTY,or by the
ATTORNEY in accordance with ethical requirements and/or the terms of this Agreement.
4. SCOPE OF THE WORK AND LIMITATION ON ATTORNEY FEES
ATTORNEY shall provide legal services and advice to COUNTY regarding legal representation involving
the RESTORE ACT,which may include but not be limited to the tasks listed on Exhibit"B".
ATTORNEY may be assigned new matters by the COUNTY ATTORNEY from time to time during the
term of the agreement those matters shall be included under this Agreement when assigned by the
COUNTY ATTORNEY in writing and accepted in writing by ATTORNEY. The new matter shall be given a
new name and the matter shall be billed under that name.
This contract is limited to a maximum of Fifteen Thousand Dollars and No/Cents ($15,000.00) in {
attorney fees. ATTORNEY shall not exceed this amount in fees. Any additional work in excess of this
attorney fee ceiling shall be accomplished by written amendment approved by the Board of County
Commissioners in the manner set forth in paragraph 28 below.
4.1 Professional ability to perform work appointment of contract manager
1
4
ATTORNEY warrants that he or she is authorized by law to engage in the performance of the activities
herein described,subject to the terms and conditions set forth in these contract documents.
ATTORNEY shall designate an individual attorney to be the contract manager for each matter and the
contract manager shall at all times exercise independent,professional judgment and shall assume
professional responsibility for the services to be provided.ATTORNEY warrants that he or she and the
authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to
engage in the performance of the activities encompassed by this Agreement. If ATTORNEY is a
member of a law firm,either as partner,shareholder,associate,or other relationship,ATTORNEY
warrants that he or she is authorized to enter into this Agreement by the law firm.
4.2 Management of time keepers
ATTORNEY is responsible for managing the matter cost-effectively and competently,e.g.,by insuring
that additional time-keepers are competent, properly supervised,efficient,and in compliance with
the terms of this Agreement as well as with ethical obligations.
u
S. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST BEFORE
INITIATING REPRESENTATION
ATTORNEY has conducted a thorough investigation and determined that neither ATTORNEY nor his or her
firm has any ethical impediment,real or potential,including but not limited to conflicts of interest,to
representing COUNTY.To the extent that any ethical impediment,real or potential,is discovered or
ever arises,ATTORNEY shall immediately inform COUNTY in writing of the impediment(regardless of
whether ATTORNEY believes he or she has taken all steps necessary to avoid the impediment and
regardless of whether ATTORNEY believes that the impediment is insubstantial or questionable),make full
disclosure of the situation to COUNTY,obtain COUNTY'S express,written consent to continue the a
representation of the other client,and take all steps requested by COUNTY to avoid or mitigate the
impediment.ATTORNEY understands that,if a direct or indirect conflict of interest arises which,in the
opinion of the COUNTY,cannot be avoided or mitigated under the Rules of Professional Conduct of The
Florida Bar,COUNTY may,in its discretion,(a)obtain reimbursement from ATTORNEY for all fees and
expenses paid to ATTORNEY in this matter;(b)obtain cancellation of all amounts allegedly owed by
COUNTY to ATTORNEY;and(c)obtain reimbursement for consequential expenses incurred by COUNTY,
including the cost of replacement counsel.
6. PAYMENTS TO ATTORNEY
ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk
on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
6.1 ATTORNEY Fee(Hourly)
ATTORNEY will be paid for his or her services based on the number of hours expended on behalf of
COUNTY(rounded to the nearest tenth hour for each time entry), not to include time billable to or
compensated by other clients, multiplied by the ATTORNEY'S hourly rate.The following minimum
billing documentation and time-keeper requirements are a condition precedent to payment by the
COUNTY.
6.2. Non-billable time
ATTORNEY will bill COUNTY only for time reasonably and necessarily incurred to render professional
services on COUNTY'S behalf in accordance with this Agreement.Time attributable to billing questions
is not billable.Time expended by time-keepers who have not been approved by COUNTY is also not
billable.
2
6.3. Hourly Rates.and Changes to hourly rates
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
Approved Time Keepers:
Name: Hourly Rate:
Erin L.Deady $200.00
Keith Davis $200.00
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same
manner as Agreement.
6.4. Discounts to other Clients
The rates ATTORNEY will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are provided to other clients,
ATTORNEY and approved time-keepers will also provide them on the same basis to COUNTY.
6.5.Time keepers
As used in this Agreement,the term "time keeper"shall include ATTORNEY and other ATTORNEYS and
individuals identified in paragraph 6.3 of this Agreement who will be providing services under this
Agreement and who will bill the COUNTY for their services in accordance with this Agreement.
6.51.Duplication of effort
Unless advance COUNTY approval is obtained,ATTORNEY will not have more than one time-keeper
bill for court appearances,attendance at depositions and meetings,including meetings with COUNTY l
representatives,and internal conferences.In the event that more than one person attends,only the
time of the person with the lowest rate will be billable.ATTORNEY is not permitted to use this matter
to provide on the job training for a time-keeper,and bill for that time-keeper's services,without
COUNTY'S advance approval.
6.5.2.Time-keeper changes
Time-keepers approved by the COUNTY are listed in paragraph 6.3 of this Agreement,and may be
amended from time to time,upon mutual agreement of the COUNTY and the ATTORNEY,to evidence the
then-current circumstances.Additional time-keepers may not be added to the matter without advance
written approval from COUNTY.In the event that additional time-keepers providing services which are to be
billed to COUNTY are to be added to the staff,then their hourly rates shall be provided to COUNTY in
advance,and,upon written approval by the COUNTY,their rates and billing practices shall comply with the
requirements of this Agreement.COUNTY expects to receive discounts or other concessions so that
any increases or changes in time-keepers will not result in unnecessary or unreasonable charges to
COUNTY, e.g., for training, internal conferences,and management.
6.6. Existing work product
To the extent the ATTORNEY makes use of existing work product,e.g.,in the form of research
previously performed for another client,then ATTORNEY shall bill only that time expended in using
that work product for COUNTY.In other words,no premium,markup,or other adjustment shall be
made to COUNTY bill for time spent on work already performed.
7. BILLING OF FEES AND EXPENSES
ATTORNEY shall comply with the following requirements as to billing fees and expenses as a condition
precedent to COUNTY'S obligation to pay each bill:
7.1.Mont_ hly bills
3
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by
ATTORNEY within fifteen(15)days after the close of each month.ATTORNEY understands that
COUNTY requires prompt bills in part to facilitate effective management of the representation and
fees.
7.2. Bill format
ATTORNEY shall provide detailed, itemized bills which shall,at a minimum:
7.2.1 Description
Provide a general description of the matter,to include the name of the COUNTY department or
constitutional officer, if not indicated in the title of the matter,for which legal services are being
performed(e.g. Richard Roe v. Monroe County—EEO Claim);a description of the work performed in
enough detail so that each item is distinguishable from other listed items and sufficient to allow
COUNTY to determine the necessity for and reasonableness of the time expended,the services
performed,the project or task each service relates to,the subject and purpose of each service,and
the names of others who were present or communicated with in the course of performing the service.
For example,simply the word "research"is not acceptable,more detail about the type of research
and what was determined by the research is necessary.
7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with each entry.Clearly identify
all persons who are not full-time lawyers employed by the ATTORNEY'S firm(including paralegals,
employees of ATTORNEY with their titles,subcontractors, independent contractors,temporary
employees,and outsourcing providers). Personnel who are not listed as additional timekeepers will
not be paid unless approved in writing under the requirements of this Agreement.
7.2.3 Time Records
Record the time expended by each time-keeper separately. In those situations where the minimum
billing increment exceeds the actual time spent on a task and several of these"minor"tasks are
performed, it is expected that the services will be aggregated until the total actual time spent meets
the minimum billing increment.
7.2.4 Totals and By Task
State the amount of time expended by each time-keeper broken down for each task.
7.2.5 Summary of Rates
In a summary at the beginning or end of the bill,provide the current hourly rate for each time-keeper,
the total time billed by each time-keeper in that bill,the product of the total time and hourly rate for
each time-keeper,the total fees charged,and are reconciliation between the amount charged and any
applicable estimated or budgeted amount, by task. In addition,each monthly statement should show
the aggregate billing for that matter from the commencement of the matter through the currently-
billed month.
7.3. Expense
COUNTY will pay the actual,reasonable cost of the following expense items if incurred in accordance
with the guidelines below(a copy of the form used by the County is provided for your convenience as
Exhibit"A"attached)and promptly itemized in ATTORNEY'S monthly bill:
7.3.1 Reimbursable expenses
4
Actual cost for necessary long distance telephone calls,telecopying at$.25 per outgoing page,
overnight or expedited delivery,couriers, photocopying at$.15 per page, postage,court fees,and
other expenses approved in advance by COUNTY or as listed below:
7.3.1.1.Expedited or emergency services
ATTORNEY is expected to avoid using expedited or emergency services,such as express delivery
services,couriers,telecopying,overtime,and so on,unless necessary because of unexpected
developments or extremely short deadlines.COUNTY may refuse to pay for any such expenses when
incurred routinely or because of ATTORNEY'S failure to manage the matter efficiently.
7.3.1.2.Computerized research
ATTORNEY is expected to use computerized research services cost-effectively to reduce time spent on
research,for example,while closely-monitoring computerized research to insure that the charges are
reasonable and necessary.ATTORNEY is expected to pass through to COUNTY any discounts or other
arrangements that reduce the cost of computerized services.
7.3.1.3. Photocopying
ATTORNEY is encouraged to use outside copying services to reduce the cost of large-volume copying,
provided that these expenses are efficient,cost-effective,and incurred and billed in accordance with
this Agreement.ATTORNEY is responsible for insuring that all copying complies with copyright
obligations.
7.3.1.4.Transcripts
Transcripts should not be ordered without prior approval from COUNTY.Transcripts should not be
ordered on an expedited basis unless necessary and approved in advance by COUNTY.ATTORNEY
should obtain digital electronic/computerized copies of transcripts when available at a reasonable
cost to avoid charging for time spent digesting or indexing transcripts,and to allow COUNTY to
maintain a digital electronic/computerized database of all transcripts.
7.3.1.5 Travel Expenses
Travel expenses within the ATTORNEY'S local area,defined as a radius of 50 miles from the
timekeeper's office,will not be reimbursed and time in transit is not billable.
Travel expenses outside the local area may only be reimbursed if the travel is approved in writing by
COUNTY ATTORNEY. Reimbursable travel expenses, if approved,are the cost of transportation by the
least expensive practicable means(e.g.,coach class air travel),the cost of reasonable hotel
accommodations,and the cost of transportation while out of town(e.g.,by cab or rental car,
whichever seems reasonable,at the lowest available rate).Travel expenses will be reimbursed in
accordance with the applicable provisions of Florida Statute 112.321 and of the Monroe County Code
for"approved travelers"and shall be summarized on the Monroe County Travel Form by ATTORNEY
with all applicable receipts attached thereto.
7.3.1.6 Travel Time
Time spent in transit outside Attorney's local area may be billed only if ATTORNEY or time-keeper is
unable to avoid traveling by using other forms of communication or it is determined by the County
that travel is in the County's best interest.Travel by more than one time-keeper at the same time to
the same destination is not allowed without approval from COUNTY.
5
Approved travel time during normal business hours,defined week-days from 8:30 a.m.to 6:00 p.m.,
will be billed at the hourly rate listed for the time-keeper in paragraph 6.3 of this Agreement.
Approved travel time outside of normal business hours will be billed at one-half the hourly rate listed
for the timekeeper in paragraph 6.3 of this Agreement.
7.3.2. Non-reimbursable expenses
The following expenses will in no event be reimbursable without prior written approval by County
Attorney and approval by the Board of County Commissioners:
7.3.2.1. Personal and Office Costs
Meals for time-keepers not related to travel,overtime,word processing or computer charges,
personal expenses,expenses that benefited other clients,expenses for books,costs of temporary
employees,periodicals or other library materials,internal filing or other document handling charges,
clerical expenses,stationery and other supply expenses, utilities,and any other expense that is either
unreasonable or unnecessary.(The fact that ATTORNEY charges other clients or that other firms
charge their clients for an expense does not make it reasonable or necessary under this Agreement.)
7.3.2.2. Experts,consultants,support services,outsourced services etc.
ATTORNEY is not authorized to retain experts,additional counsel,consultants,support services,or the
like,or to out source or delegate work outside ATTORNEY'S law firm,without prior written approval
by County Attorney and approval by the Board of County Commissioners. If agreed to ATTORNEY will
be responsible for selecting and managing the services of others so that their services and expenses
will be rendered in accordance with the terms of this Agreement,including terms applicable to
ATTORNEY.ATTORNEY will manage others to obtain cost effective services for COUNTY. Unless
otherwise agreed in writing,ATTORNEY shall obtain a written retainer agreement,in a form which
may be specified by COUNTY,from each service provider,with bills from each provider being sent to
both ATTORNEY and COUNTY.
7.3.2.3 Temporary Staffing
ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-
called'Temps"or contract ATTORNEYS or other staff from outside companies,nor"outsource"or
delegate work,nor charge for summer associates, law clerks,or student clerks,(collectively
"temporary staff"even if not temporarily employed)without full advance disclosure of the
employee's temporary or short-term status to COUNTY,including disclosure of the actual amount paid
or to be paid to the individual. Unless COUNTY expressly agrees in writing to paying additional
amounts after full disclosure by ATTORNEY,ATTORNEY may not charge COUNTY more than the actual
cost paid by ATTORNEY.
7.3.2.4. Expenses not passed through at actual cost
COUNTY will not pay any markup for expenses.COUNTY will only reimburse the ATTORNEY for their
actual approved out-of-pocket costs and expenses,whether incurred personally by an approved time-
keeper or incurred by other approved personnel(such as experts,consultants,support services
personnel,or outsourced services personnel).
7.3.2.5.Overhead not charged to County
COUNTY will not pay for any"expense" items that are in fact part of ATTORNEY'S overhead which
should be included within ATTORNEY'S fee,the determination of which expenses fall into this
category are strictly within the discretion of the COUNTY.
7.3.3.Advance approval of expenses
6
In addition to the items noted above,ATTORNEY shall obtain advance approval from COUNTY before
incurring any expense in excess of$1,000.00 if ATTORNEY expects to be reimbursed for that expense.
COUNTY may refuse to pay any expense for which advance approval was not obtained by ATTORNEY.
7.3.4.Copies of receipts for expenses
ATTORNEY shall include copies of receipts for all expenses with the itemized monthly bill.COUNTY
may refuse to pay any expense item for which documentation is not provided by ATTORNEY.
7.3.5. Expenses(and fees)after termination
Upon termination of the representation,ATTORNEY shall promptly bill COUNTY for any remaining
reimbursable expenses and fees.COUNTY may refuse to pay any fees or expenses not billed within 45
days of termination of the representation.ATTORNEY is also expected to cooperate promptly with all
aspects of termination and,if applicable,transition to other counsel. Payment for fees and expenses is
contingent upon prompt,full cooperation.
7.4. Bill and expense documentation
ATTORNEY must maintain supporting documentation for invoices until at least one year after the
termination of the representation.This documentation shall be made available by ATTORNEY to
COUNTY(or COUNTY'S designated representative, including an accountant,the County Clerk or
County Clerk's representative,or legal bill auditor) upon COUNTY'S written request.ATTORNEY agrees
to cooperate with any examination of this documentation and ATTORNEY'S fees and expenses,e.g.,by
responding promptly and completely to any questions COUNTY or its designated representative may
have.ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any such
records and, in the event that COUNTY requests that they be preserved,shall preserve them at least w
one additional year or,at the option of the COUNTY,delivered to the COUNTY for storage by the
COUNTY,with COUNTY responsible for paying the actual cost of storage.This documentation shall
include,for example,original time records,expense receipts,and documentation supporting the
amount charged by ATTORNEY for expense items generated by ATTORNEY or his or her firm.COUNTY
reserves the right not to pay any fee or expense item for which sufficient documentation or expense
item for which sufficient documentation is not available to determine whether the item was necessary g
and reasonable. '
i
8. PAYMENT TERMS
ATTORNEY'S request for payments and reimbursements may be made in either the ATTORNEY'S name
or the name of the ATTORNEY'S law firm,as appropriate.ATTORNEY bills complying with this
Agreement are due and payable according to the Prompt Payment Act.If the bill materially fails to
comply with the requirements of this Agreement,then it is not due and payable until its deficiencies
are remedied by ATTORNEY.
u
9. MATTER MANAGEMENT i
COUNTY will expect that all communications between ATTORNEY,and additional time keepers,and
COUNTY will be reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact for this
matter, including billing questions.
9.1.Case monitoring
COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the matter
so that COUNTY may manage the matter effectively and make informed decisions about strategy,
tactics,settlement,scheduling,costs,and other related matters.COUNTY will promptly receive from
ATTORNEY copies of all orders,opinions, pleadings,briefs,memoranda(internal and external),
correspondence,and any other document material to the subject matter of this Agreement,such that
the COUNTY will have a current, up-to-date, "mirror"copy of the COUNTY'S file maintained by
7
ATTORNEY. For discovery materials or exhibits that are lengthy,ATTORNEY should discuss them with
COUNTY before providing a copy. Documents available in digital electronic/computerized form should
be provided in that form in lieu of paper copies, if requested by County.Additionally,ATTORNEY may
be required to submit,on a monthly basis, a case status and progress report to be submitted to the
Board of COUNTY Commissioners.The format of the report shall be in the form required by the
COUNTY ATTORNEY.
9.2.Case control
ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery,
pleadings,briefs,trial preparation,experts,and settlement,with COUNTY before implementation.
ATTORNEY is expected to exercise independent professional judgment.
9.3.ATTORNEY cooperation
ATTORNEY will cooperate with COUNTY or COUNTY'S representatives to promptly provide all
information COUNTY requests or needs about the subject matter of this Agreement and ATTORNEY'S
bills and handling of the matter.
9.4.COUNTY cooperation
ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or make
use of COUNTY'S expertise to assist in,e.g., responding to discovery, preparing for trial, locating
experts,and the like.COUNTY may also have personnel and facilities available to reduce the expenses
related to the subject matter of this Agreement.
10. CONFIDENTIALITY AND PUBLIC RELATIONS
ATTORNEY is not authorized to waive or release any privilege or other protection of information—
confidential,secret,or otherwise—obtained from or on behalf of COUNTY.ATTORNEY is to keep all
confidential,privileged,or secret information confidential.This requirement is perpetual,i.e.,it will
continue even after the termination of the relationship and this Agreement.
10.1 Prohibition against use of information
This requirement is also intended to prohibit ATTORNEY from using information obtained from or on
behalf of COUNTY,including work product prepared at COUNTY'S expense,for other clients of
ATTORNEY or his or her firm,without COUNTY'S advance written approval.
10.2 No use of County for marketing purposes r
ATTORNEY is not authorized to identify COUNTY as a COUNTY,e.g.,for purposes of marketing or
advertising,without COUNTY'S prior approval.
Y
11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT
ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her firm at the
expense of COUNTY(or for which COUNTY is otherwise billed) is the property of COUNTY.Without
COUNTY'S prior written approval,this work product may not be used by ATTORNEY or his or her firm
nor disclosed by ATTORNEY or his or her firm to others,except in the normal course of ATTORNEY'S #
representation of COUNTY in this matter.ATTORNEY agrees that COUNTY owns all rights,including
copyrights,to materials prepared by COUNTY or by ATTORNEY on behalf of COUNTY.ATTORNEY shall
notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event
that COUNTY requests that they be preserved,shall preserve them at least one additional year(with
COUNTY responsible for paying the actual cost of storage).ATTORNEY shall provide COUNTY with
prompt access to(including the ability to make copies of)all ATTORNEY files and work product,
regardless of whether the representation or matter is ongoing and whether ATTORNEY fees and
expenses have been paid in full.
8
12. DISPUTE RESOLUTION
ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be required to
enter into any arbitration proceedings related to this Agreement
12.1. Dilutes regarding Attorney fees or expenses
ATTORNEY and COUNTY agree that all disputes regarding ATTORNEY'S fees or expenses are to be
resolved pursuant to the procedures and practices for mediation by the Attorney Consumer
Assistance Program of the Florida Bar.
12.2. Disputes regarding interpretation
COUNTY and ATTORNEY agree that all disputes and disagreements between them regarding
interpretation of the Agreement shall be attempted to be resolved by a meet and confer session
between representatives of COUNTY and ATTORNEY. If the issue or issues are still not resolved to the
satisfaction of both within thirty(30)days after the meet and confer session,then either shall have
the right to terminate the Agreement upon ten(10)business days notice in writing to the other party.
12.3 Legal or Administrative procedures
In the event any administrative or legal proceeding is instituted against either the COUNTY or
ATTORNEY relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and ATTORNEY each agree to participate, to the extent required by the other, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement; institution of any administrative or legal proceeding shall constitute immediate
termination of this Agreement. ATTORNEY agrees to forward copies of all documents in his or her
possession related to the matter which is the subject of this Agreement to COUNTY at the time of filing
any administrative or legal proceeding.
12.4 ATTORNEYS Fees and Costs
In the event any administrative proceeding or cause of action is initiated-or defended by the COUNTY
or ATTORNEY relative to the enforcement or interpretation of this Agreement,the prevailing party
shall be entitled to an award of reasonable ATTORNEYS fees,and court costs,as an award against the
non-prevailing party,and shall include reasonable ATTORNEYS fees,and court costs in appellate
proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by
a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil
Procedure and the usual and customary procedures required by the circuit court of Monroe County
and shall take place in Monroe County.
13. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
County Administrator and County Attorney
500 Whitehead Street PO Box 1026
Key West, FL.33041 Key West, FL 33040
FOR ATTORNEY
Erin L Deady
9
1111 Hypoluxo Road
Suite 207
Lantana,FI 33462
ErinO)deadvlaw.com
954-593-5102
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.Venue for any legal action
which may arise out of or under this agreement shall be in Monroe County,Florida.
15. ENTIRE AGREEMENT
The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter hereof
is contained in this Agreement.This Agreement supersedes all prior oral and written proposals and
communications between the COUNTY and ATTORNEY related to this Agreement. No provision of this
Agreement shall be deemed waived,amended or modified by either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed.This Agreement shall be binding upon and inure to the benefit
of the parties hereto,their permitted successors and assigns.
16. FLORIDA GOVERNMENT-IN-THE-SUNSHINE LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law,the provisions of
Chapter 120, Florida Statutes,generally require full and public discussion of matters to be voted upon
by the Board of County Commissioners.ATTORNEY agrees to consult with the COUNTY ATTORNEY'S
office concerning the application of the Sunshine Law from time to time concerning specific
circumstances that may arise during the term of this Agreement.
G
17. FLORIDA PUBLIC RECORDS LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar,the provisions of Chapter 119, Florida Statutes,generally require public
access to all records and documents which may be made or received under this Agreement.
ATTORNEY agrees to consult with the County Attorney's office concerning the application of the Public
Records Law from time to time concerning specific circumstances that may arise during the term of
this Agreement.
18. NO ASSIGNMENTS
ATTORNEY 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 of Monroe County,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. Unless expressly provided for
therein,such approval shall in no manner or event be deemed to impose any additional obligation
upon the Board.
19. TERMINATION
Either of the parties hereto may terminate this contract without cause by giving the other party
fifteen(15) business days written notice of its intention to do so.
19.1 Documents forwarded to COUNTY
10
ATTORNEY agrees to forward to COUNTY along with Notice of Termination or upon receipt of Notice
of Termination,depending upon which party terminates the Agreement,copies of all documents in his
or her possession of any nature whatsoever related to the ATTORNEY'S representation of COUNTY or
obtained due to ATTORNEYS representation of COUNTY.
19.2 Restriction on Communications
ATTORNEY agrees not to communicate with the public, including the press,about COUNTY or about
this matter.
20. SEVERABILITY
If a term,covenant,condition or provision of this Agreement 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 provision of this Agreement would prevent the accomplishment of the original intent of this
Agreement.The COUNTY and ATTORNEY 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.
21. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define, modify,or
limit any of the terms hereof.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES; NON-DELEGATION OF CONSTITUTIONAL OR
STATUTORY DUTIES
This Agreement is not intended to relieve,nor shall it be construed as relieving,either the COUNTY or
ATTORNEY from any obligation or responsibility imposed upon each by law except to the extent of
actual and timely performance thereof by the other,in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize,
nor shall it be construed as authorizing,the delegation of the constitutional or statutory duties of the
COUNTY,except to the extent permitted by the Florida Constitution,state statutes,case law,and,
specifically,the provisions of Chapter 125, Florida Statutes.
23. RECORDS
ATTORNEY shall maintain all books,records,and documents directly pertinent to performance under
this Agreement, including the documents referred to in this Agreement, in accordance with generally
accepted accounting principles,consistently applied.Upon ten(10) business days written notice to
the other, representatives of either the COUNTY or ATTORNEY shall have access,at all reasonable
times,to all the other party's books, records,correspondence,instructions,receipts,vouchers and
memoranda (excluding computer software)pertaining to work under this Agreement for the purpose
of conducting a complete independent fiscal audit.ATTORNEY shall retain all records required to be
kept under this Agreement for a minimum of five years,and for at least four years after the
termination of this agreement.ATTORNEY shall keep such records as are necessary to document the
performance of the agreement and expenses as incurred,and give access to these records at the
request of the COUNTY,the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a
proper accounting of all collections and remittances.ATTORNEY shall be responsible for repayment of
any and all audit exceptions which are identified by the Auditor General for the State of Florida,the
11
ti
Clerk of Court for Monroe County,the Board of County Commissioners for Monroe County,or their
agents and representatives.
24. PUBLIC ACCESS
The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of,all
documents,papers,letters,or other materials subject to the Florida Public Records Law,as provided
in Chapter 119, Florida Statutes,and made or received by the them, unless specifically exempted by
State Statute, Rules and Regulations of The Florida Bar,or case law.COUNTY shall have the right to
cancel this agreement upon violation of this provision by ATTORNEY.
25. MONROE COUNTY CODE ETHICS PROVISION
ATTORNEY warrants that he or she has not employed,retained or otherwise had act on his behalf any
former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 101990. For breach or
violation of this provision the COUNTY may,at its discretion,terminate this Agreement without
liability and may also,at its discretion,deduct from the sums owed under the Agreement,or
otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration paid to
the former or present COUNTY officer or employee.COUNTY employees and officers are required to
comply with the standards of conduct 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,and misuse of public position,conflicting employment or contractual relationship,and
disclosure of certain information.
26. PUBLIC ENTITY CRIME STATEMENT
Florida law provides that 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 an agreement to provide any
goods or services to a public entity, may not submit a bid on a agreement 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,sub
contractor,or consultant under a agreement with any public entity,and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY
TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list.
ATTORNEY warrants the neither ATTORNEY nor any authorized time keeper has been named to the
convicted vendor list.
27. ANTI-KICKBACK
ATTORNEY warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission,percentage, brokerage or
contingent fee,and that no employee or officer of the COUNTY has any interest,financially or
otherwise,in this Agreement,except as expressly stated herein. For breach or violation of this
warranty,the COUNTY shall have the right to annul this agreement without liability or, in its
discretion,to deduct any sums to be paid by COUNTY under this Agreement,or otherwise recover,the
full amount of such commission, percentage, brokerage or contingent fee.
28. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both
parties.Any and all modifications and Amendments of the terms of this Agreement shall be in writing
and executed by the Board of County Commissioners for Monroe County and by ATTORNEY in the
same manner as this Agreement.
29. INDEPENDENT CONTRACTOR
12
At all times and for all purposes hereunder,ATTORNEY is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement contained in this
Agreement shall be construed so as to find ATTORNEY or any of the authorized time keepers,to be
the employees of the Board of County Commissioners of Monroe County,and they shall be entitled to
none of the rights, privileges or benefits of employees of Monroe County.
30. COMPLIANCE WITH LAW
In carrying out ATTORNEYS obligations under this agreement,ATTORNEY shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement,
including those now in effect and hereafter adopted.Any violation of said statutes,ordinances,rules
or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to
terminate this Agreement immediately upon delivery of written notice of termination to ATTORNEY.
31. LICENSING
ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have,shall have prior to
commencement of work under this Agreement,and at all times during said work, all required licenses
and permits whether federal,state,County or City.
32. NON-DISCRIMINATION
ATTORNEY agrees that he or she will not discriminate 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. ATTORNEY 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 patent 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 maybe 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.
33. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder,and the COUNTY and ATTORNEY agree that neither the COUNTY
nor ATTORNEY or any officer,agent,or employee of each shall have the authority to inform,counsel,
or otherwise indicate that any particular individual or group of individuals,entity or entities,have
13
entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the
community in general or for the purposes contemplated under this Agreement.
34. ATTESTATIONS
ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a
Drug-Free Workplace Statement,and a Public Entity Crime Statement.
35. COUNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe County,
Florida.COUNTY'S performance and obligation to pay under this contract, is contingent upon annual
appropriation by the Board of County Commissioners.
36. HOLD HARMLESS AND INSURANCE
Prior to execution of this agreement,ATTORNEY shall furnish COUNTY Certificates of Insurance
indicating the minimum professional liability coverage for ATTORNEY and additional time-keepers in
the amount of one million dollars($1,000,000.00).ATTORNEY agrees to keep the same amount of
coverage or more at all times and to provide proof of said coverage to COUNTY at COUNTY'S request
at any time during the term of the Agreement.
37. NO PERSONAL LIABILITY
No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation
of any member,officer,agent or employee of the Board of County Commissioners of Monroe County
in his or her individual capacity and no member,officer,agent or employee of the Board of County
Commissioners 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.
38. EXECUTION IN COUNTERPARTS 3o w r= I
This Agreement may be executed in any number of counterparts,each of which shall be regfied as v
an original,all of which taken together shall constitute one and the same instrument and the FPUNTI;
and ATTORNEY may execute this Agreement by signing any such counterpart. pCD
THIS AGREEMENT will become effective when executed by both the ATTORNEY and�gcuted= m
by the Board of County Commissioners of Monroe County, Florida. -' 'r o
_ � r
CD
Board of County Commissioners
Of Monroe County
Attest:
Amy Heavilin,CPA,
Clerk of Circuit Court By: 'A, hPLA&COod
� ayo
By: Date:
eputy Clerk
Date:
-A,
COUNTY ATTORNEY
ATTORNE .- I PROVED AS TO F PM: 4
Signature NA ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
A L Date
Print Name
Address: �SVLtc lug,L(t.JltAq FL 3344 Z
DATE: -13
14
0r y
° <� m A m a
m
� n quo
m v
.. go
gg c
In 03 �
N
ca
3
3
SLEr
o
o
as 15 �
3SL
o
,
� W a o
y N n Z
O
p BI c M I� �A�I
(*
v
m c
�g m
IL
y C ,
4I
fa x
EXHIBIT"B"
r
1. Draft Department of Treasury Rules.
a. Prepare and develop legal positions (for County review and input) on Draft
Treasury Regulations for consistency with RESTORE Act, NEPA, CWA, Davis Bacon,
applicable Office of Management and Budget (OMB) and Department of Interior
(DO1) Policy Guidance.
b. Build support for positions on Draft Treasury Regulations.
2. Prepare County positions on the Draft Gulf Restoration Council Comprehensive Plan.
a. Develop supplemental written comment (for County review and comment) on the
Comprehensive Plan (comments due 6/24) focusing on consistency with the
RESTORE Act.
b. Engage Gulf Restoration Council staff on County positions.
c. Work to build support for County positions on Council Plan.
Initial Issues that Treasury Regulations Must Address
1. Defining specific terms and processes now will save time and effort to comply with the Act
and expedite distribution of funds. Chief concerns include clarifying the process and
procedures to comply with the Act,whether that be for specific determinations required by
the Act itself or what documentation the regulations will require for project funding.
2. List all applicable statutes that must be complied with so that local governments and others
understand their obligations under the RESTORE Act. We understand that nothing in the
RESTORE Act supersedes or otherwise affects any other provision of Federal law,including,
in particular,laws providing recovery for injury to natural resources under the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the
environment. These laws include but are not limited to Clean Water Act (CWA), National
Environmental and Policy Act(NEPA),the Buy American Act and the Davis-Bacon Act.
3. Specific to NEPA, the Treasury Regulations must identify actions which generally require
preparation of a NEPA document (either an Environmental Impact Statement or an
Environmental Assessment), or which are categorically excluded from NEPA. As required
by regulations of the Council on Environmental Quality (40 CFR 1505.1 and 1507.3),
agencies must issue regulations identifying classes of actions generally requiring an
Environmental Impact Statement(EIS),generally not subject to the National Environmental
Policy Act(NEPA),and actions requiring an Environmental Assessment(EA).
Additionally,the Treasury Regulations need to clearly define the process going forward:
• The Regulations should provide guidance on documentation needed to meet all federal and
state requirements simultaneously with one set of project approval documents, including
permitting, regulatory, wage or materials requirements, etc. For Florida, that should
include, but not be limited to environmental regulatory requirements contained within
Chapters 373 and 403,F.S.
1
• Regarding the planning process,the Regulations should:
o Specify how the Comprehensive Plan, State Plans and Multi-year implementation
plans will be determined"consistent"with one another.
o Identify the content of multi-year implementation plans to assure compliance with
RESTORE Act and specify procedures for project modifications,project phasing and
modifications to projects or multi-year implementation plans. Perhaps an outline of
contents should be included in the Regulations or as an Appendix to them. This will
c
aid local governments in quickly developing clear plans also resulting in a more
e
streamlined review process for Treasury.
• The Regulations should define terms and processes such as:
o The process or processes for distribution of project funds and making "grants"
pursuant to (t)(2)(E)(ii)(III) "Limitation on transfers" (presumably different from
other types of funds distributions).
o Criteria to meet the various project purposes (including economic recovery). This
will avoid proffering projects that will not be approved wasting both time and
expense for local governments and Treasury.
o How"certification"will occur(criteria to achieve certification and who will provide
it or approve it)for determining that the project or program:
(I) is designed to restore and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats,beaches,coastal wetlands,or economy of
the Gulf Coast,
(I1) carries out 1 or more of the activities described in clauses (i) and (ii) of
subparagraph(B);
(III) was selected based on meaningful input from the public, including broad-
based participation from individuals, businesses, and nonprofit organizations;
and
(IV) in the case of a natural resource protection or restoration project,is based
on the best available science".
o Activities considered as "administrative costs" and "planning assistance".
Administrative costs must capture all costs including auditing, monitoring and
reporting.
o The requirements(including documentation) for"previously approved projects and
programs" (as opposed to new project starts). For instance,will the development of
a multi-year implementation plan be considered a "previously approved project or
program" if it is started before a local government actually receives RESTORE Act
funds?
• The Regulations should outline public input and stakeholder involvement opportunities
such as:
o "Significant actions and associated deliberations" subject to public transparency
requirements(and what those requirements will be).
o The scopes and composition of the scientific advisory committee and the committee
to advise the Council on public policy issues.
• Land acquisition requirements should be described whether the project lands are initiated
at the federal,state,local or private entity level.
• Auditing and enforcement processes and procedures should be defined such as:
2
E
I
I
}
i
o Back end project monitoring,performance measures or milestones and reporting of ;
pre and post project benefits (including evaluating progress during project !{
implementation). Review timeframes and deadlines should be established for
various steps of the approval,auditing and monitoring processes.
o The role and procedures of the Office of the Inspector General of the Department of
the Treasury to conduct, supervise, and coordinate audits and investigations of
projects,programs,and activities funded.
o Any enforcement provisions and what that process may entail,including timeframes
associated with those provisions.
E
I
Initial Overview of the Council Plan Requirements per the Act:
Not later than 1 year after the date of enactment of the RESTORE Act'and after notice and t
opportunity for public comment,the Chairperson,on behalf of the Council and after approval by the E
t
Council,shall publish in the Federal Register2 the initial Comprehensive Plan to restore and protect
the natural resources,ecosystems,fisheries,marine and wildlife habitats,beaches,and coastal
w
wetlands of the Gulf Coast region. The Plan must include the following:
1. Such provisions as are necessary to fully incorporate in the Comprehensive Plan the
strategy,projects,and programs recommended by the President's Gulf Coast Restoration
4
Task Force;
Recommendation: The Draft should indicate if the project listed was recommended by the
Task Force or not.
W
2. A list of ally project or program authorized prior to the date of enactment of this subsection
but not yet commenced the completion of which would further the purposes and goals of
this subsection and of the RESTORE Act3 But,the Draft Initial Comprehensive Plan itself
states:"In general,Council Members put forward projects and programs that have either
been federally authorized by Congress or approved under a State program,plan.or action."
(See language above: the Draft Plan seems to qualify"project and programs"as federally
authorized or approved under a State initiative which seems more limited than the
RESTORE Act language"any project or program"). Further,the document states,"the
Council will use an open and transparent process to evaluate and select ecosystem
restoration projects under the Council-selected Restoration Component"and the"Council
will further review the projects and programs on this list to determine whether each project
or program meets all applicable requirements of the RESTORE Act"
Recommendation: Please outline the specific process that will be used to evaluate and select
ecosystem restoration projects("any"project or program authorized but notyet commenced
or projects and progra►►is that have either been federally authorized by Congress or approved
under a State program,plan or action"?)and how the'further review"will take place to
'Presumably 1 year from July 6,2012 when it was signed into law by the President although the Federal
Register notice provides deadline of July 8th.
Z Comments are due June 24,2013:
httRliparkplanning,nps.eovicommentFormBasiccfm?documentlD=53621
3 See also the Federal Register notice stating: Draft Plan,the preliminary lists of"authorized but not yet
commenced"ecosystem restoration projects,and Draft PEA by either of the following methods
3
determine whether or not the currently listed projects will continue to be included.
Additionally,please provide the"chain of com►nand"for making those decisions
3. A description of the manner in which amounts from the Trust Fund projected to be made
available to the Council for the succeeding 10 years will be allocated.
Recommendation: This appears to be lacking in the document,but it stands to reason that
until the Project List is finalized the 10 year allocation piece cannot be finalized.
4. Subject to available funding in accordance with clause(iii),a prioritized list of specific
projects and programs to be funded and carried out during the 3-year period immediately
following the date of publication of the initial Comprehensive Plan,including a table that
illustrates the distribution of projects and programs by the Gulf Coast State.
Recommendation: This appears to be lacking as well,butshould be included in the final plan.
The Plan document should also better describe the process that will be used to determine how
projects will be prioritized.4 How will the 4 criteria in the prioritization process be reviewed in
their order of importance or achievement of benefits from the projects?
*Currently the RESTORE Act states: "...in selecting projects and programs to include on the 3-year list
described in clause(ii)(1V)(dd),based on the best available science,the Council shall give highest priority to
projects that address 1 or more of the following criteria:
(1) Projects that are projected to make the greatest contribution to restoring and protecting the
natural resources,ecosystems,fisheries,marine and wildlife habitats,beaches,and coastal
wetlands of the Gulf Coast region,without regard to geographic location within the Gulf Coast
region.
(11) Large-scale projects and programs that are projected to substantially contribute to restoring and
protecting the natural resources,ecosystems,fisheries,marine and wildlife habitats,beaches,
and coastal wetlands of the Gulf Coast ecosystem.
(111) Projects contained in existing Gulf Coast State comprehensive plans for the restoration and
protection of natural resources,ecosystems,fisheries,marine and wildlife habitats,beaches,and
coastal wetlands of the Gulf Coast region.
(IV) Projects that restore long-term resiliency of the natural resources,ecosystems,fisheries,marine
and wildlife habitats,beaches,and coastal wetlands most impacted by the Deepwater Horizon oil
spill.
4
CONTRACTFOR
DEVELOPMENT OF A SUSTAINABILTTY ACTION PLAN
WITH ENERGY AND CIMUTE CHANGE INITIATIVES
BETWEEN
MONROE COUNTY
AND ERIN L.DEADY,P.A.
THIS AGREEMENT is made and entered into this 1 lth day of December.2013 by MONROE
COUNTY("COUNTY'l,a political subdivision of the State of Florida,whose address is 1100
Simonton Street,Key West,Florida 33040 and ERN L.DEADY P.A.,("CONSULTANT"),
whose address is 1111 Hypoluxo Road,Suite 207,Lantana,FL 33462.
WITNESSETH
WHEREAS, Monroe COUNTY, Florida, encompasses the uniquely beautiful natural
environment of the Florida Keys;and
WHEREAS, the Monroe County Board of Commissioners (BOCC) is dedicated to
preservation of the built and natural environment;and
WHEREAS, the COUNTY recognizes the need for immediate, coordinated, and
visionary action to address the impacts of a changing climate and ensure the COUNTY
provides for economic and environmental resilience in Southeast Florida;and
WHEREAS, the COUNTY has been working on numerous initiatives to achieve
sustainability,and a Sustainability Action Plan is required to align these individual efforts
within a framework,vision and action plan;and
WHEREAS,the COUNTY issued its Request for Proposals RFP("RFP")pursuant to state and
local law to solicit proposals to develop a Sustainability Action Plan and related services;and
WHEREAS. CONSULTANT is a professional qualified to render said services and has
responded to the RFP by submitting its proposal in response to the RFP("Proposal");and
WHEREAS,the CONSULTANT provided a proposal for the development of the Sustainability
Action Plan,including sea level rise modeling services;and
WHEREAS,the CONSULTANT was the number one ranked proposer for the services;and
WHEREAS, the COUNTY desires to engage CONSULTANT to provide such services to the
COUNTY according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
Page Iof23
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties
as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of
this agreement. CONSULTANT warrants that it is authorized by law to enpge in the
performance of the activities herein described, subject to the terms and conditions set forth in
these Agreement documents. The CONSULTANT shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided CONSULTANT shall provide services using the following standards, as a minimum
requirement:
A. The CONSULTANT shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship with
the COUNTY.To the extent that CONSULTANT uses SUBCONSULTANTs or
independent CONSULTANTs, this Agreement specifically requires that
SUBCONSULTANTs and independent CONSULTANTs shall not be an
employee of or have any contractual relationship with COUNTY.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified,and, if required,to be authorized or permitted under State and
local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The COUNTY will provide such data as is required by the CONSULTANT and is
mutually agreed upon.
2.2 The COUNTY will make payments as outlined in Section 4 of this Agreemem
Section 3. TERM OF AGREEMENT
.1 Except as noted below,this Agreement shall begin on the 12th day of December,2013
d will conclude with delivery of the deliverables outlined in Section 1 of this
Agreement which shall not be later than December 15.2014.
Section 4. PAYMENT TO CONSULTANT
.I The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement a lump sum amount of one Hundred N—Inety
Thousand Seven Hundred and Sixty Dollars($199,760.00).
4.2 Payment will be made according to the Deliverable Schedule attached as Exhibit B,and
according to the Florida Local Government Prompt Payment Act,Section 218.70,Florida
Statutes.Payments will be lump sum,not time and materials. Partial payments of tasks
and deliverables,shall be allowed for any item over$5,000,and Task 1b, The Provider
shall submit to the COUNTY an invoice with supporting documentation in a form
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
Page 2 of 23
accounting principles and such laws, Hiles and regulations as may govern the Clerk's
disbursal of funds. The Sustainability Manager will review the request,note her approval
on the request and forward it to the Clerk for payment.
4.3 Any extension of this Agreement beyond the term.noted in Section 3 is contingent upon
annual appropriation by Monroe COUNTY.
Section S. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without
cause upon thirty(30)days'notice to the CONSULTANT. COUNTY shall pay CONSULTANT
for work performed through the date of termination.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that he has carefully examined the RFP,her response,and
this Agreement and has made a determination that he/she has the personnel,equipment;
and other requirements suitable to perform this work and assumes full responsibility
erefore. The provisions of the Agreements all control any inconsistent provisions
contained the specifications. All specifications have been read and carefully
considered by CONSULTANT,who understands the same and agrees to their sufficiency
for the work to be done. Under no circumstances, conditions, or situations shall this
Agreement be more strongly construed against COUNTY than against CONSULTANT.
B. Any ambiguity or uncertainty in the specifications shall not be construed against the
drafter.
C. The passing,approval, and/or acceptance by COUNTY of any of the services furnished
y CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with
the terns of this Agreement.and specifications covering the services.
D. CONSULTANT agrees that COUNTY Administrator or his designated representatives
may visit CONSULTANT'S facility(ies)periodically to conduct random evaluations of
services during CONSULTANTS normal business hours.
E. CONSULTANT has, and shall maintain throughout the term of this Agreemen4
appropriate licenses and approvals required to conduct its business,and will at ail times
conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed,postage prepaid,to the other party by certified maiI,returned receipt requested,to the
fo owing:
Page 3 f23
To the COUNTY: COUNTY Administrator,Mr.Roman Gastesi
1100 Simonton Street,Suite 205
Key West,Florida 33040
To the CONSULTANT: Erin L Deady,P.A.
I I11 Hypoluxo Road,Suite 207
Lantana,FL 33462.
Section S. RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting prindples
consistently applied.Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the agreement and for five (5) 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,the CONSULTANT shall repay the monies together with interest
calculated pursuant to Section 55.03 of the F.S.,running from the date the monies were paid to
CONSULTANT.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS.
1990
The CONSULT warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion,terminate this agreement without liability and may also,in its discretion,deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee,commission,
percentage,gift,or consideration paid to the former COUNTY officer or employee.
Section 0. CONVICTED VENDOR
y signing this agreement,CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime 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.
person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONSULTANT,
supplier.SUBCONSULTANT,or CONSULTANT under Agreement with any public entity,and
y not transact business with any public entity in excess of the threshold amount provided in
Section 287.017 of the Florida Statutes,for the Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
Page 4 of 23
Section 11. 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 Agreements 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,the COUNTY and CONSULTANT agree that
venue shall he in the appropriate court or before the appropriate administrative body in Monroe
COUNTY,Florida.
Section 11 SEVERARMITY
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 vision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. 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, and court
costs, as an award against the non-prevailing party. 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.
Section 14. 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.
Section 15., AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action, as
required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
Page 5 of 23
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 fast meet and confer session, then any
party shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Floridalaw, This Agreement shall not be subject to arbitration.
Section17. 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
patty to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
SectionM NONDISCRMMATION
COUNTY and CONSULTANT 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
discrin-driation has occurred,this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONSULTANT
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination.
These include but are not limited to:Title VU of the Civil Rights Act of I ( L 88-352)which
prohibits discrimination on the basis of race,color or national origin;Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex;Section 504 of the Rehabilitation Act of 1973,as amended(20
USC s.794),which prohibits discrimination on the basis ofhandicaps;The Age Discrimination
Act of 1975,as amended(42 USC as.6101-6107)which prohibits discrimination on the basis of
age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 L 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912,ss.523 and 527(42 USC ss.690dd 3 and 290ee-3),as amended,relating to
confidentiality of alcohol and drug abuse patent records; Title VM of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to roadiecrimination in the sale, rental or
financing of housing;The Americans with Disabilities Act of 1990 ( 2 USC s. 1201 Note), as
may be amended from time to time,relating to nondiscrimination on the basis of disability;Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to,or the subject matter of,this Agreement.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONSULTANT 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
Rage 6 of 23
this Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are requited to comply with
the standards of conduct for public officers and employees as delineated in Section 112313,
Florida Statutes, regarding,but not limited to,solicitation or acceptance of gifts;doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship;and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT 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.
Section 22. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to,and inspection
of,all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119,Florida Statutes. and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Section 23. NON-WAIVER OF EM31UNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONSULTANT 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 Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 24. PRIVILEGES AND UA MMTIES
All of the privileges and immunities from liability,exemptions from laws,ordinances,and rules
d 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
Page 7f23
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section . 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 construe
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.
Section 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 COUNTY and the CONSULTANT agree that neither
e COUNTY nor the CONSULTANT 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.
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including,but not being limited to,a Public Entity Crime Statement,an Ethics Statement.and a
Drug-Free Warrkplace Statement, Lobbying and Conflict of Interest Clause, and on-Collusion
Agreement.
Section 2& NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
y 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.
Section 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.
Page 9 of 23
SectionECTION HEADINGS
Section dings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for CONSULTANT and SUBCONSULTANTS.
s a pre-requisite of the work governed, the CONSULTANT shall obtain, at his/her own
expense, insurance as specified in any attached schedules,which are made part of this contract
The CONSULTANT will ensure that the insurance obtained will extend protection to all
SUBCONSULTANTs engaged by the CONSULTANT. As an alternative,the CONSULTANT
may require all SUBCONSULTANTs to obtain insurance consistent with the attached schedules;
however CONSULTANT is solely responsible to ensure that said insurance is obtained and shall
submit proof of insurance to COUNTY.Failure to provide proof of insurance shall be grounds
for termination of this Agreement.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been fWmished to the COUNTY as specified
below. Delays in the commencement of work,resulting from the failure of the CONSULTANT
to provide satisfactory evidence of the required insurance,shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time,except for the CONSULTANT's failure to provide
satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire terse of this
contract and any extensions specified herein. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Aft and for damages to the COUNTY. Delays in the
completion of work resulting from the failure of the CONSULTANT to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work had not been suspended, except for the
CONSULTANT'S failure to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance,either.
• Certificate of Insurance,or
• A Certified copy of the actual insurance policy.
The COUNTY,at its sole option,has the right to request a certified copy of any or all insurance
policies required by this contract All insurance policies must specify that they are not subject to
cancellation,non-renewal,material change,or reduction in coverage unless a minimum ofthirty
(30)days prior notification is given to the COUNTY by the insurer.
Page 9 of 23
The acceptance and/or approval of the CONSULTANT's insurance shall not be construed as
relieving the CONSULTANT from any liability or obligation assumed under this contract or
imposed by law.
The Monroe COUNTY Board of COUNTY Commissioners,its employees and officials will be
included as"Additional Insured"on all policies,except for Workers'Compensation.
31.2 Insurance Requirements
Prior to the commencement of work governed by this contract,the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include,as a minimum:
Premises Operations
Bodily Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be$500,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition,the period for which claims may be reported should extend for a minimum of twelve
(12)months following the acceptance of work by the COUNTY.
The Monroe COUNTY Board of COUNTY Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work,shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for.
Owned,Non-Owned.and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If Split limits are provided,the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
Page 10 of 23
The Monroe COUNTY Board of COUNTY Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Workers'Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily injury by Disease,policy limits
$500,000 Bodily Injury by Disease,each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be
provided by a company or companies authorized to transact business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature,the CONSULTANT shall purchase and maintain,throughout the life of
the contract,Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
CONSULTANT arising out of work governed by this contract.
The minimum limits of liability shall be$500,000 per occurrencet$LOW,000 Aggregate.
Section 32. I NDEhI NII~'ICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of COUNTY Commissioners, appointed Boards and
Commissions,Officers,and the Employees,and any other agents, individually and collectively,
from all fines, suits, claims,demands, actions, costs, obligations, attorney's fees,or liability of
any kind arising out of the sole negligent actions of the CONSULTANT or substantial and
unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be
solely responsible and answerable for any and all accidents or injuries to persons or property
arising out of its performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity
set forth in this paragraph. Further the CONSULTANT agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the CONSULTANT.
Section 34 INDEPENDENT CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
CONSULTANT and not an employee of the Board of COUNTY Commissioners. No statement
Page l I of 23
contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her
employees, CONSULTANTs, servants or agents to be employees of the Board of COUNTY
Commissioner:for Monroe COUNTY. As an independent CONSULTANT the CONSULTANT
shall provide independent, professional judgment and comply with all federal, state, and local
statutes,ordinances,rules and regulations applicable to the services to be provided.
Section 35 COMPLETENESS OF WORK.
The CONSULTANT shall be responsible for the completeness and accuracy of its work. plan,
supporting data.and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONSULTANT and
any damage incurred by the COUNTY as a result of additional costs caused by such errors shall
be chargeable to the CONSULTANT. This provision shall not apply to any maps. official
records,contracts,or other data that may be provided by the COUNTY or other public or semi
public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract Such delays or hindrances, if any,shall be compensated for
by the COUNTY by an extension of time for a reasonable period for the CONSULTANT to
complete the work schedule. Such an agreement shall be made between the parties.
IN WITNESS WIMEOF,the parties hereto have caused these present to be executed on the
day of 2013.
(SEAL) MONROE COUNTY BOARD OF COUNTY
COMM6SSIONERS
Attest: Amy Heavitin,CLERK
OF MONROE COUNTY,FLORIDA
W
BY By. ¢ -J i
Deputy Clerk Mayor Murphy o'LL W k
�o �<
(CORPORATE SEAL) ERIN L.DEADY,P.A. o
ATTEST: n
a cc
ra
By By. o z
Title: a
Page 12 of 23
STATENUENT OF WORK
Monroe COUNTY, with is 100 plus miles of low lying islands, has very unique attributes
making it extremely vulnerable to impacts such as sea level rise and increased hurricane
intensity.The Florida Keys is the proverbial"canary in the coal mine"for climate change due
to the topography and geography. With its vulnerable habitat and economic dependence on
the health of its terrestrial and marine ecosystems,Monroe COUNTY has much to lose by not
taking a strong leadership role on these issues. By simultaneously mitigating greenhouse gas
emissions("GHG')attributable to energy use and preparing for the gradual,but accelerating,
impacts of climate change, the COUNTY is proactively taking action. Because of its unique
natural and terrestrial systems,it is important for the COUNTY to demonstrate leadership and
a visionary role by sustainably managing its resources and preparing for future resiliency
challenges.
The COUNTY has taken numerous steps towards becoming a more sustainable community
and has begun to implement projects to collect data,reduce energy use, and other initiatives.
Vrith the collection of this initial data, implementation of projects and dedication of staff, a
Sustainility Action Plan ("SAP") is required to consolidate these efforts, with
recommendations to be integrated within the COUNTY's existing policy structure,which will
en serve as the`blueprint"for taking conceptual item to action items.
The purpose of the COUNTY's Sustainability program is to create an open, transparent and
participatory dialogue between local governments, community members, business owners,
and other key area stakeholders concerning the COUNTY's commitment and process to
implement strategies related to the triple bottom line balancing(1)economic prosperity, (2)
environmental health and(3)social equity.
Almost all impacts from climate change relate to increasing air temperatures, with global sea
level rise largely attributable to the thermal expansion of the oceans and melting of glaciers
and ice sheets. By harmonizing efforts to create this SAP.update GHG data and take further
steps to address climate change,the COUNTY is gathering all previous and current initiatives
and putting them into one planning process. In addition, new climate and energy initiatives
will be reviewed for appropriateness for the COUNTY. Modeling will be performed for
various sea level rise scenarios in the community and the COUNTY.The result of this process
will be the development of a cohesive SAP, based upon data, policy and regulations,
providing a blueprint for the COUNTY (internally) and community (externally) to become
more sustainable,energy efficient.and resilient to climate vulnerabilities.
EL Vbdm
e vision of the SAP for a COUNTY is to:
A. Describe the COUNTY and Community's GHG emissions sources and how those
emissions could be expected to grow;
B. Chars cte ' e and model various community and COUNTY sea level and climate
resiliency threats;
Page 13 of 23
,„
C. Recommend ways that the COUNTY(and Community) can achieve GHG reductions
with additional co-benefits such as green job opportunities and improved public
health;
D. Provide a timeline for the SAP's implementation;and
F. Define an Implementation Section for turning the Plan into action and transparently
tracking and reporting progress toward its goals,including funding.
Implementation of a SAP shall be mindful of existing planning and policy making processes.
These efforts are in addition to the previous work of the Green Initiative Task Force,Climate
Change Advisory Committee and the work products from the COUNTY's EECBG grant+ The
COUNTY has already completed many efforts to collect data and take steps toward becoming
a more sustainable organization and serve as a model for similar efforts with other agencies
d the community. This work is in addition to the inclusion of energy and climate goals,
o jcctives and policies in the 2010 Comprehensive Plan(a current effort).
Additionally,funding for recommendations that stem from any SAP is a primary focus. The
approach to the SAP will include two major approaches to overcome these obstacles. Fust,
policy recommendations should be based upon real data that will make the COUNTY more
competitive for funding sustainability and climate-related initiatives with grant funds as part
of a larger cohesive effort. Second, the process of tracking the success of the Plan, on an
annual basis, in conjunction with its capital planning process, allows the COUNTY to
constantly monitor its successes and setbacks in achieving its goals.Goals shall be qualitative
and quantitative as appropri
JILPMVM
e development of a SAP is essential to advance the COUNTY's energy conservation and
environmental sustainability goals and develop climate resiliency strategies.The SAP will serve
as a blueprint for the COUNTY's new Sustainability Office and initiatives.The SAP will serve
as the foundation for guiding the COUNTY's efforts to meet its objectives in this important
arena and provide a tangible document that can be used to:
1)Highlight the COUNTY's sustainability initiatives;
2)Demonstrate the COUNTY's commitment to sustainability;
Reduce the effects of G G to climate change by reducing energy consumption;
3)Support funding requests;
4)Model the effects of SLR on the community and the COUNTY,and
5)Educate and inform the community.
as The primary project objectives are to:
EL Provide a long term blueprint, for public and private sector decision-making
that substantially advances the COUNTY in its pursuit of holistic sustainability
and quality of life;and
Page 14 of 23
b. Develop options for SLR scenarios and G HG reduction targets.
Assumptions will be determined based on data developed by the COUNTY,new
data and shall coincide with its long range planning process;and
c. The resulting SAP shall be a collective list of a vision
statement, goals, objectives, modeling results and policies incrementally
building based on a mutually decided planning horizon. A 5-year planning
horizon shall be referenced.
V.Project ComposemiL The CONSMTANT
data cogeeflon arts.
a. Project t: Regularly meet with COUNTY's project team to
coordinate data needs.access staff expertise,and ensure full understanding and
agreement on scope specifications, including desired deliverable formats.
Conduct meetings/presentations with COUNTY commission, COUNTY
administration,COUNTY staff,and community stakeholders as to the progress
of the SAP as well as any input from the departments of Plan
evaluation/monitoring responsibilities.
b. Data collection and updating inventory development- Data collection,existing
conditions analysis,trend analysis,documentation. The COUNTY has compiled
raw data and will provide this data for updating of the COUNTY Operations
GHGE inventory. The data includes information regarding; electric and
water/sewer utility, fleet vehicle fuel, natural gas, recycling programs.
CONSULTANT shall conduct various SLR modeling efforts in conjunction
with this effort.
c. Strategy Development: Set targets to reduce GHG emissions in the COUNTY,
technical support documentation,set goals objectives and policies.
d. Engage Citizens and Businesses:Steps to build additional stakeholder support;
requires coordination and collaboration with COUNTY staff/officials,
participating agencies and the public throughout the project to ensure support and
acceptance of preferred alternatives and policy documents by the public,
COUNTY Commission and other reviewing agencies;will include coordination
with COUNTY and regional partners as required to acquire available data,
identify best practices and contribute to countywide and regional initiatives;
e.Sustainability Action Plan: Develop strategies relative to a SAP that will be
developed and prioritized by the COUNTY project team and stakeholder
engagement. Focus areas could include,but not limited to the following focus
areas as shaped by the project development and community input process:
1. Energy efficiency
Page 15 of 23
2. Energy and resource efficient land use patterns and redevelopment policies which
promote the inclusion of energy conservation areas within the COUNTY's Comprehensive
Plan and Land Development Code.
3. Transportation including measures to reduce vehicle miles traveled;transportation demand
anagemcnt; increased street and mode connectivity, complete streets; multimodal
mobility planning that places emphasis on public transportation systems, reduces
greenhouse gas emissions and supports energy efficient land use patterns; and energy
efficient traffic control.
4. Potential for renewable power generation and energy conservation.
5. Housing including energy efficient design and construction of new housing and use of
renewable resources consistent with chapter 553,Florida Statutes.
6. Recycling and environmentally responsible solid waste reduction within industry,
community,and municipal.
7. Natural resources conservation that affects energy and water conservation and education
f greenhouse gases (e.g.,demand side water conservation to preclude need for energy
intensive alternative water supplies). Also consider green space access,tree canopy, and
habitat preservation.
8. Locally- based, sustainable food production to enhance economic, environmental and
social health in the community.
9. Community education and outreach.
10.External Funding to implement SAP strategies and capital improvements.
11.Periodic evaluation and refinement of objectives strategies and actions to increase
effectiveness.
VL Scope
The CONSULTANT will assist the COUNTY with building on and moving forward with what
has already been accomplished and established as sustainability initiatives. The CONSULTANT
will work collectively with the Sustainability Office, other representatives of COUNTY
departments, Climate Change Advisory Committee, volunteers from the community,
other governmental agencies, and utilities providers to complete the scope of work. The
CONSULTANT will analyze and prioritize initiatives that effectively and efficiently meet the
overall purpose of the SAP. These prioritized actions shall be linked to a cost along with
estimated returns on investment and staff resources to be dedicated.
Page 16 of 23
The CONSULTANT shall provide services including the tasks identified below:.
1.Collection and updating of GHG data
2.Analysis and development of performance measures
2.Collaboration with COUNTY staff and stakeholders
3.Graphic and website design
4.Development of tools to monitor/evaluate progress and goals
5.SLR Model rums
6.Solicitation of public input
7.Public meeting presentations as defined by the Tasks and Deliverables
S.Coordination with other community organizers
9.Development of a premier SAP specifically suited to meet the needs of the Florida Keys and
Monroe County
Tasks.VEL
The Tasks are as follows:
11 I 'll1
a. Kick-off meeting within first month of contract initiation
b. Minimum of at least bi-monthly calls with Project Manager
C. Board of COUNTY Commissioners Workshops on SAP
d. One-on-one meetings with COUNTY Project Manager and Commissioners(2)
on SAP
e. 2 Director's meetings
a. 1 Brainstorming Session on Communications Strategy
b. Communications Strategy including approach to branding, web and Public
Outreach Strategies
C. Draft branding and web materials
d. Final branding and web materials
Task 3.0: Badim Aammmm&W AtWyW
a. Identification of data sources (Baseline assessment of data including habitat,
IMAR,land use,energy data,greenhouse data,etc.)
b. Identification of data needs(Gap Analysis)
C. Final Data Report of existing data and needed data
a. Energy and GHG Reduction Strategy Identification/Quantification (utilize
existing energy data and projects identified)
Page 17 of 23
b. Update of Municipal Greenhouse Gas Inventory(2010)
C. Analysis of Community Scale Emissions and Target Setting
d. Energy and Emissions Forecasting Analysis
e. Final energy analysis with specific projects,milestones and projcctcd savings
f. Presentation to BOCC for Targets and Forecasting
In these preceding Tasks,sustainability goals will define the overarching objectives and scope
of the SAP. A primary piece of the goal setting is the GHG emissions reduction target along
with other goals addressing issues such as affordable housing,natural resources conservation,
or public transportation. The CONSULTANT'S approach shall include goal setting and
revisiting the GHG reduction targets already established by the COUNTY and determine
progress towards them and whether or not they need to be revised.
Task 5.0: Modeling Deliverables
a. With COUNTY staff,determine the s eeific location for community-based use
of the COAST model.CONSULTANT development for outreach and logistics.
b. Worldng with COUNTY s r other groups that will be the outreach and
coordination leads,support organization of initial public meeting.
C. Run a day-long public meeting to parameterize no-action COAST iterations.
Confirm inputs with COUNTY staff.
d. Run the COAST software to produce 3D visualizations of avoided costs for
assets and SLR and storm surge thresholds stakeholders have identified
C. Present no-action results to COUNTY staff via webinar. review strategy for
presentation at a second public meeting.
f Working with COUNTY staff and/or other extension groups that will be the
outreach and coordination leads, support organization of a second public
meeting.
g. Run second day-long public meeting to present and review no-action results and
consider, select, and customize two candidate adaptation actions to model,
from among the categories of"fortify,"accommodate," and "relocate,"for the
asset they have chosen.
h. Run the COAST software to produce new results under the two stakeholder-
identified adaptation action scenarios.
Present action scenario results to COUNTY staff via webinar,review strategy
for presentation at a third public meeting.
j. Working with COUNTY staff and/or other extension groups that will be the
outreach and coordination leads,support organization of third public meeting.
Page 18 of 23
k. Present action scenario results and host discussions about their implications, in
the third public meeting.
1. Prepare final report to the COUNTY with 3D maps and cumulative expected
damage tables evaluating costs and benefits for the no-action scenarios and for
adaptation-action scenarios that stakeholders have designed.Include narrative
interpretation of the facilitated sessions; what directions stakeholders have
voiced they may wish to head with the results or see COUNTY officials
examine further, and written interpretation of map and table results and what
the results might suggest for policy and finance possibilities.
W. Assemble project steering and technical review sub-groups that will oversee and
provide peer commentary on all project modeling aspects
n. Assemble, review. and synthesize existing sea level rise vulnerability data
layers and assessments as conducted by Monroe COUNTY, South Florida
Water Management District, and the Southeast Florida Regional Climate
Change Compact.
o. Work with COUNTY officials and stakeholders to identify gaps in existing
information, and also identify needs for higher resolution and/or additional
spatial datasets needed for specific infrastructural decision-support and natural
resource management needs.
p. Develop visualizations and general assessments of sea level rise vulnerabilities
for Monroe COUNTY using the Nature Conservancy's Coastal Resilience 2.0
Tool, the Florida Department of Transportation's Sea level Rise Sketch Tool,
and custom GIS assessments.
q. Intersect outputs of road segments identified as vulnerable to 1 foot of sea level
rise(using FDOT Sea Level Rise Sketch Tool)with priority list of mad repair
projects. Using this list as a guide, work with COUNTY roads department to
develop a sub-list of specific road segments known to flood currently on king
tides or minor storm events.
r. Coordinate technical modeling approaches and provide outreach assistance
through on-line webinars and in person presentations.
�. Develop a draft report that describes technical approach and findings,while also
providing recommendations for near-term adaptation actions, data needs and
development,and policy tools for future adaptation planning cycles.
t. Integrate draft report comments from technical reviewers,COUNTY staff, and
project partners to develop final report, which will be synthesized into the
Monroe COUNTY Climate and Sustainability Plan.
U. Technical workshop on sea level rise planning, insurance, and legal issues for
local governments(FL Sea Grant)
V. Peer Review Target of 3 Reviewers
W. TNC Coordination with open source Coastal Resilience 2.0 Tool
X. TNC Data Collection integration
Page 19 of 23
Y. TNC Participation is Community Technical Workshops
The CONSULTANT shall use a multi-tool approach including two key focus as: i)
COUNTY impacts, infrastructure and habitat and 2) a community based approach utilizing
COAST which can be used to a)predict potential cumulative damages to user-defines assets
from SLR and storms using a scenario-based approach, and b) evaluate relative costs and
benefits of user-defined adaptation strategies.
On the COUNTY side,the Team will utilize the FDOT Sketch tool,the Nature Conservancy's
Resilience 2.0 tool and other customized GIS work building upon work already completed to
date.
On the Community based side,for COAST,although it is a technical tool,its primary value is
how it connects the technical with the social.political,and economic realities of implementing
local adaptation. Through proper implementation, stakeholders are drawn in to active
discussions about their future.They choose the COAST inputs,from the vulnerable assets to
the specific scenarios and adaptation strategies to evaluate. Using local data for vulnerable
assets(real estate,infrastructure,economic activity,natural resources,human health,or other)
and for candidate adaptation actions wherever possible,COAST model results generate local
enthusiasm and buy-in not available through most other approaches.
Task 6 1elamong PAPrioritization
a. Review of existing sustainability and climate initiatives and memorandum on
same
. Integration of existing initiatives into STAR Index (includes 1 year STAR
Subscription and Certification fee=$3,000)
C. Web-based Goal prioritization(Mindmixer)
. Draft Goal Report
e. Final Goal Report
f. Public Workshops-Lower,Middle&Upper Keys(3)
e STAR Community Rating System("STAR")is the nation's first voluntary,self-reporting
framework for evaluating,quantifying,and improving the livability and sustainability of U.S.
communities. The framework includes social, economic and environmental dimensions of
community. The CONSULTANT shall use STAR, or other appropriate method, as the
method to determine an initial "rating"and then improve upon that rating over a specified
period of time.
STAR is an online system that gathers,organizes,analyzes,and presents information required
to meet sustainability goals. It is premised on a framework of sustainability goals,objectives
and evaluation measures. Local leaders can set goals and measure progress across
sustainability themes using the evaluation measures included in the Rating System. A
Page 20 of 23
community can address all or some of the Goals and Objectives and determine if there are
additional outcomes to measure.
Within the Goals and Objectives specific performance measures are included such as regulatory
changes, land acquisitions,new policies or plans created or something as specific as increasing
access to transit. The CONSULTANT has included a STAR subscription into this scope of work
and will use the process as a performance management tool for the SAP. The Team is open to
other methodologies for performance monitoring and tracking,but recommends consideration of
STAR because of the support the organization provides and the uniformity of the rating
approach.
TDk 7.0.Strataav Dever Performance and Mode
a. Develop strategies to meet goals
b. Review and analyze performance measures
C. Develop monitoring system
To 8 0: ImnlMMMItiaa Plan.Milestames and Sche ilh
a. Review capital planning process, Comprehensive Plan and Code for additional
consistency
b. Create recommendations and actions for implementation (with projects,
programs,initiatives and milestones)
c, Review funding opportunities and constraints
d. Prioritize recommendations as short,medium and long term
The preceding Tasks deal with the development of the actual SAP with public input from
stakeholders. The SAP identifies the policies and measures that the COUNTY will take to
achieve the goals defined. Per the COUNTY's request, the SAP will include policies.
Initiatives and strategies; updates of the G G Inventory;a target for GHG reductions;policy
recommendations;an implementation strategy and performance measures for establishing the
timeframes to accomplish short,medium and long-range planning horizons. These Tasks will
also involve implementation of the Communications Strategy, and portions of that relate to
public involvement.
a. Fast Draft of SAP Outline
b. Second Draft of SAP Outline
C. Format of SAP
d. Graphic design of Plan
Page 21 of 23
e. First Draft Sustainability Action Plan
f. Second Draft of Sustainability Action Plan
g. Integrate Modeling Results into Sustainability Action Plan
h. Public Workshop on SAP
i. Final SAP
j. Placement of SAP on website
Plan Implementation, will addresses the policies and measures in the SAP. The Team will
analyze financing strategies* grants and ways to implement the SAP by incorporating its
recommendations into existing policy structures such as the capital improvements planning
process, the Comprehensive Plan and Code of Ordinances. In this way, many
recommendations can hopefully be implemented with little or no new cost to the COUNTY.
Tasks will so involve monitoring and verifying progress, which is an ongoing process
beyondthis scope of work including annually reporting on implementation progress and
monitoring the overall sustainability of the jurisdiction using the indicators identified.
Page 22 of 23
SCHEDULEDELMERABLE
Page 23 of 23
g ��1 � � � � � g �_ N� g � •��� v��� Ns �s �7 g s g
rM! H � N N1? H tilNN ulv1HHHH � � M H
I r
f 1i,
Pa d O l %,
f �
G �17,
Ma
�l it LE it
_1
N N IN
in',' /f� ma M N l�
oil
.a 4j 0.
•a
$ ��
r
A fir f �/ is Nr�. � •e �I� � � IS r f � � E�
Oe •S � i�� •o ,� ,, y �
,� °� fir✓ �, ,'� � �+ A
1 ; S _
O
eo j op •c7 !C u W r. O 't3 vl i Lr E� O C �w
ag U
a33 -qg uaa , C7 ` � GJ � 9 -S 0� •o
/y ooJ� isl, aa � - � rmar �5 ; �383 a � a'
i A d a! A O c► d ed ZI o c3 e! �R � , ,� o O
uA diddam , 0 .6 O dU ti
' V
s g g g s g $
u
a in
.. en
R �A �_ 00 � t7� i°,�� pyp � T •a Zvi
w C • O 4�1 '� b� tl q0' i u OD aO.f 3
�' id ty7 � •� •� K �y.
Y Lam' y � �i �. +� etl
ir
lb
O C C s O O O ""' O g '� O -is
a � c n o
CL
C6
n° y
� .o O7 0.� 'L7 � o v 1O �i o •5 � � '� � � � � �� ti
•� �C �Q � �•�' < .0 e °� 4rW.l, �y � `u' tad a � � '�o'•� ::xXxX66ss
a s oot! y 9 49
V 9 m ba u O aIA o SA 9 .�
c , u e ru e a n a a
ba
d a a: o ob s d .: a.:, o ai 9 u ..
� .S 5 � �l cagU Al
v
H
g s sssg �
4
f %a
hj
G
f '
i
cr
ca
pp m
`ul 9 CIA in 5 m ii9' V n7
.00
-. O
aS
o
E a
10,
rA
n p 9 13
A.
r
a ta - E 2
S lu Do 3
g,
°p 4d '3 � . �� � �' _ s 9� �" � .a � ti c
'a
g
do CL
3
E: p �v gg
•d � t7 J &. � eb rie3` riy vz3 d
��� r
H MS H (A y H y Vl H 160,
V►
-13
J
wU :,
r C�
r�
.js j V O. $ ti
as
y c �S �' A ap
w w .G
rn
O
° gs �
° Z. y Na
�8 pp
d of 79 c S. d -d ad d -d dw obA ..:
1
2011 BdIdou
MONROE COUNTYo FLORMA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance"quirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the fbilowing contracL
Contractor:
Contract for
WD rIj1nA-jL- �LAN
A&Imu of Contractor PLL)AD - 5LIT-IL 20�-
I
LAP JTANIk IPL 3�)LoZ-
Phone:
Scope of Work: Valacp(0 CNJT
+W,t) cu pctr 1\1
Reason for Waiver
CVD,3 Cram t�Pia-Pzy)
Policies Waiver PE—ULL P-Eln RUS
will apply to:
Si„nalum of Contractor
A
Risk Management Not Approved
[I-
Date
County Administrator appeal:
Approved: Not A ved
Datc
BOOM Of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administration Instraction
102
2011 Edition
MONROE COUNTY,FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the following contract.
Contractor: �6 Ill L. 11:AN,
Contract for: �i(ST AIAJft[�I L(--ref fl� r=c m�IP -PLAN
Address of Contractor: ]UH +["I�OLU Yb 20>gD �LI 1 {L Z DT
LAOAMN. IFL I Z
Phone: 604-�I�•Jt UZ---
Scope of Work: �'1��' (�lUV i I r 5 ► I N 1�) _i i
)o c u M Ayr- +-)LAN
Reason for Waiver
Policies waiver ' �l Von RTTIs
will apply to:
Signature of Contractor: Q --
AP Not Approved
Risk Management ,Q
Date I
County Administrator appeal:
Approved: Not A proved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administration Instruction
102
PLEASE CUTOUT CARD BELOW AND RETAIN FOR FUTURE REFERENCE
IMPORTANT
STATE OF FLORIDA Pursuant to Chapter 440 05(14).F S,an officer of a corporobon
DEPARTMENT OF FINANCIAL SERVICES who elects sM,ption from this chapter by wing a cert&AD of
DIVISION OF WORKERS'COMPENSATION F Election under tho section may not recover beneft or
curlwasbm under this chapter
,O
NON-CONSTRUCTION INDUSTRY EXEMPTION
CENTIP"TE OF ELECTM TO BE EXEMPT FROM FLORMA -L Pursuant to Chapter 440 05(12).F S,Certt11eales of election to
WORKEW COMPENSATION LAW D be exempt...apply only wahm the so"of the busman or trade
EFFECT"GATE: ltr 2013 EXPRATM GAM 11rma015 Ilsted on the notice of electron to be exempt
PERSON OENN ERIN L H
FEW �saraefsx Pursuant to Chaplet 440 05(13),F S,Notices of election to be
E exempt Enid Cerblicates of election to be exempt sham be
BUSINESS NAME AND ADDRESS: R subject to revocation y.at any time after the N ft of the notice
ERIN L DEADY PA E or the Issuance of the oa"ficale,the person named on the
nobw or aKftoo no WVw meets the requirements of the
620 WEST BLOXNAM STREET seWon for issuance Of s- fK ale.The department sham revoke
a col6cate at any lines for folhae of the person named an the
LANTANA FL 33462 Cermfteate to noel the requirements of this section
SCOPES OF BUSINESS OR TRA
ATTORNEY-ALL
EMPLOYEES&CLERI
OFS-F2-DVX-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS?(850)+13-1809