Item K3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October.-I 7, 2014 Division: Growth Management
Bulk Item: Yes X No — Department:
Staff Contact/Phone#: Christ"geljurleyExt. 2517
AGENDA ITEM WORDING: Approval of a Professional Services Agreement with Anfield
Consulting to assist Monroe County with recommended legislation wording and coordinating with the
State of Florida to assure Monroe County is designated as a receiver of revenue from Amendment#1,
entitled "Me Florida Water and Land Conservation - Dedicates funds to acquire and restore Florida
Conservation and Recreation Lands", beginning November 5, 2014, if passed by the voters and/or
drafting legislative changes to Chapter 215 of Florida Statutes to broaden the statute to assure canal
restoration, stormwater improvements, and acquisition of land within the Keys is eligible for funding
under the remaining$100 Million Dollars authorized but not appropriated by the Florida legislature.
ITEM BACKGROUND: A constitutional amendment is being proposed (see attached) that would
fund the Land Acquisition Trust Fund by setting aside of 33% of net revenues derived from the excise
tax on documents "to acquire, restore, improve, and manage conservation lands including wetlands
and forests;fish and wildlife habitat, lands protecting water resources and drinking water sources,
including the Everglades, and the water quality of rivers, lakes, and streams; beaches and shores;
outdoor recreational lands; working farms and ranches;and historic or geologic sites..." .
Further, if Amendment #1 does not pass Monroe County needs assistance in drafting legislative
changes to Chapter 215 of Florida Statutes to broaden the statute to assure canal restoration, storm
water improvements, and acquisition of land within the Keys is eligible for funding under the
remaining $100 Million Dollars authorized but not appropriated by the Florida legislature.
Given the County's efforts for conservation land acquisition and canal restoration, as well as the on-
going effort for wastewater installation, all for water quality protection, we are seeking technical
consultant assistance to further the County's, interest in the legislative session beginning March, 2015.
Services include: Development of draft legislation intended to promote the protection of Monroe
County's Land and Water Resources; Interagency coordination and stakeholder input; Support of
Monroe County Legislative Team; and Strategic Consulting Relating to State Appropriations.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
TOTAL COST430,000, plus expenses INDIRECT COST:._BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:.$30,000 plus exi)tin ses SOURCE OF FUNDS: 148-50001-530 340
REVENUE PRODUCING: Yes, No AMOUNT PER MONTH Year
I'IIC1 BY: County Attyn r OMB/Purchasing Risk Management
DOCUMENTATION:'TA'TION: Included X Not Rewired_
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Anfield Consulting Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
Contract for aprofessional Service Agreement to assist Monroe Conn in coordin4m: g
with the State of Florida to assure 'NgMRgf _are County is designg_qd p _giver&F
I
funds, if approved by the Florida voters, for the Land��uisition Trust Fund
Contract Manager. Christine Hurley 2517 GMI)# I I
(Name) (Ext.) (Department/Stop#)
for BOCCmeetinj on 10/17/2014 Ajenda Deadline: 9/30/2014
CONTRACT COSTS
Total Dollar Value of Contract: $ 30,000+ Current Year Portion. $ $30,000+
Expenses �xpenses
Budgeted?Yes® No 0 Account Codes: 14MM-530-14LI-
Grant: $
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $----jyr For:
(Not,included in dollar value above� (el. maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesE]Nod]
10
Yes[]NoLj-
Risk Management
O.M.B./Purchasing C'J�, 40,j Yes F1 NoM' "f TILici,
n El"
County Attorney Yes No
Comments:
ONIB Form Revised 2/27/01 MCP#2
CONTRACT FOR PROFESSIONAL SUPPORT SERVICES FOR STRATEGIC CONSULTING AND
LEGISLATION DEVELOPMENT
THIS CONTRACT(Contract or Agreement) is entered into this clay of.� , 2014,
by and between the Board of County Commissioners of Monroe County, Florida ("County" or
"Board"), located at 1100 Simonton Street Key West, Florida 33040 and Anfield Consulting, Inc.
("Consultant") located at 201 West park Avenue,Tallahassee, FL 32301.
WHEREAS,the County has certain objectives as directed and established by the Board of
County Commissioners, and which are consistent with, and supportive of the Florida Keys
National Marine Sanctuary Water Quality Protection Program,the Florida Forever Program,the
Monroe County Rate of Growth Ordinance and all other applicable Federal, State and Local
Laws governing the protection of the water and land resources of the Florida Keys,and
WHEREAS, It has been determined that it is in the best interests of Monroe County and
its residents that a contract for strategic consulting and legislation development be entered
into with a private provider of such services;and
WHEREAS,Consultant desires to provide such services.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. TERM OF CONTRACT
This Contract shall be effective upon approval and the Contract shall continue for a
period of eight (8) months. The term of this Contract shall be renewable in
accordance with Section V herein. This Contract is contingent upon an annual
appropriation by the Board of County Commissioners.
11. SCOPE OF SERVICES
A detailed Scope of Services is attached as E'XHIBPTA.
Ill. COMPENSATION
The County, in consideration of the Consultant substantially and satisfactorily
performing and carrying out the objectives of the County In providing professional
consulting and support services as detailed in the Scope of Services (attached hereto
as Exhibit A), shall pay the Consultant a total of Thirty Thousand Dollars ($30,000) by
making eight (8) payments of Three Thousand seven Hundred Fifty Dollars
( 3,750.00) plus any additional costs associated with travel as requested and
approved by the County on invoices submitted by Consultant to the County's Division
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of Growth Management on a monthly basis. Invoices must provide sufficient detail
and documentation to support work accomplished under the Scope of Services and
any additional costs for which consultant is seeking reimbursement,including but not
limited to the exact dates of travel, mileage, costs, receipts and description of work
completed under this Contract. (See sample invoice and County travel voucher
attached as Exhibit B). Total Contract shall not exceed $30,000.00 (Thirty Thousand
Dollars)for eight(8) months, plus the cost of approved travel expenses.
IV. PAYMENT
1. Payment will be made as services are rendered In accordance with the Local
Government Prompt Payment Act.
2. Any request for payment must be submitted to the Director of Growth
Management by the Consultant using an invoice which includes a detailed
description of the services provided, the words "consultant services" of similar
description is not considered detailed.
3. Invoices must describe the services performed, approved costs incurred and the
payment amount requested. If travel expenses are incurred Consultant must
provide a completed travel voucher, receipts for travel expenses and a boarding
pass for air travel.
4. Invoices must be submitted in a timely manner to the office of Director, Growth
Management Division who will review the request and approve for payment if
the invoice is deemed to be accurate and complete. If the invoice is not
approved, the Consultant will be informed in writing including a detailed
explanation of the deficiency that caused the disapproval of the invoice.
5. After the Clerk examines and approves the request for payment,the County shall
reimburse the Consultant by check.
6. Consultant shall provide all information necessary for the County to facilitate
payment.
V. RENEWAL
The County shall have the option to renew this Contract after the original term, for
an additional period of up to two (2) years with the same terms. Renewal is subject
to satisfactory performance by Consultant and the availability of County funds.
V11. CONSULTANTS RESPONSIBILITIES AND LICENSING
The Consultant shall secure, maintain and pay for any registrations necessary to
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perform duties and services under this contract. It is the Consultant's responsibility
to maintain all professional registrations that may be required as well as any
registrations or other certifications for any staff provided to the County under this
contract by the Consultant. By signature hereon, the Consultant warrants that it 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. Proof of
such registrations and approvals shall be submitted to the County upon request. The
Consultant has, and shall maintain throughout the term of this contract, appropriate
registrations and approvals required to conduct its business and will at all times
conduct its business activities in a reputable and professional manner.
VII. INDEPENDENT CONTRACTOR
At all times and for all purposes,the Consultant, its agents and employees are strictly
considered to be Independent Contractors in their performance of the work
contemplated hereunder. As such, the Consultant, Its agents and employees shall
not be entitled to any of the benefits, rights or privileges of County employees.
Employees of the Consultant shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be
provided. The Consultant shall provide worker's compensation insurance, any
benefits as desired, and shall be responsible for all tax withholding.
Vill, STAFFING
Since this Contract is a service agreement, staffing is of paramount importance.
Consultant shall provide services using the following standards, as a minimum
requirement:
1. The Consultant shall provide at its own expense all necessary personnel to
provide the services under this Contract. The personnel shall not be employees
of or have any contractual relationship With the County.
2. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local
law to perform such services, and Consultant shall provide immediate evidence of
such authorization or permission upon request by the County,
3. The County shall, at its sole discretion, have the option to reject any individual
provided to perform services under this Contract by the Consultant.
4. The Consultant shall require each of its employees to review and execute an
Acknowledgement with Attachment 1 (Prohibited Conduct) confirming that
he/she Is not an employee of County and that he/she is an employee of the
Consultant and recognizes that no County benefits are available, see
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Acknowledgement and its Attachment 1 (Prohibited Conduct), attached as
Exhibit C.
5. The following disciplines shall report to the Department Director or his/her
designee for each discipline as follows:
A. Legislative Review and Drafting: Director, Division of Growth
Management
B. Interagency Coordination: Director of Legislative Affairs and Grants
Acquisition
Each of the above referenced individuals shall have final authority to approve the
decisions and work product of Consultant's employees. In addition, each of the
above referenced individuals may designate additional function(s) to be performed
by the Consultant.
6. Employees of Consultant shall comply with the work policies and regulations,
including but not limited to the Prohibited Conduct which is Attachment I of
Exhibit C.
7, The County shall not negotiate with or hire any individual who was employed
by the Consultant during the term of this agreement for at least one year
after termination of their employment with the Consultant. During the term
of this agreement, and for a period of one year after termination of this
agreement, the County shall not negotiate with or hire any individual who is
employed with the Consultant at the termination of this agreement without
the Consultant's prior authorization. The County may hire the Consultant's
employee provided the Consultant is compensated the employees annual
salary.
IX. INDEMNIFICATION REQUIREMENTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Contract, the Consultant covenants and agrees that he shall defend, indemnify and
hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage,fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection
with, (A) any activity of Consultant or any of its employees, agents, Consultants in any
tier or other invitees during the term of this Agreement, (B)the negligence or willful
misconduct of Consultant or any of its employees, agents, Consultants in any tier or
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other invitees, or (C) Consultant's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part or omissions of the County
or any of its employees, agents, Consultants or invitees (other than
Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement. In the event the work under this
Agreement is delayed or suspended as a result of the Consultant's failure to purchase
or maintain the required insurance, the Consultant shall indemnify the County from
any and all increased expenses resulting from such delay. The first ten dollars
($10.00) of remuneration paid to the Consultant is for the indemnification provided
for above.
X. NON-DISCRIMINATION
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 discrimination has occurred, this Contract 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: 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 Ch. 13, Art. VI, prohibiting discrimination on the bases of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
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parties to,or the subject matter of,this Contract.
XI. RECORDS AND DOCUMENTS
Consultant shall keep and maintain all books, records, and documents directly
pertinent to performance under this Contract in accordance with generally accepted
accounting principles consistently applied. Each party to this Contract or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Contract for public records purposes during the term of
the Contract and for five (5) years following the termination of this Contract. If an
auditor employed by the County or Clerk determines that monies paid to the
Consultant pursuant to this Contract were spent for purposes not authorized by this
Contract, the Consultant shall repay the monies together with Interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Consultant.
XII. PUBLIC RECORDS
Pursuant to Sec. 119.0701, Florida Statutes, Consultant and its subcontractors shall
comply with all public records laws of the State of Florida, including but not limited
to:
a. Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
b. Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that
does not exceed the cost provided in Florida Statutes, Chapter 119 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
Monroe County all public records in possession of the Consultant upon
termination of this Agreement 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 Monroe
County in a format that is compatible with the information technology
systems of Monroe County.
e. County may cancel this Contract immediately if there is a violation of this
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Section.
XIII. BREACH OF TERMS BY CONSULTANT
The passing, approval, and/or acceptance by the County of any defect In the services
furnished by the Consultant, shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Any Consultant breach of this agreement shall be governed by the article below on
termination for cause.
XiV• TERMINATION WITHOUT CAUSE
The County may terminate this agreement without cause by providing the Consultant
with written notice of termination at least fifteen (15) days prior to the date of
termination. Consultant shall immediately cease work(unless directed to finish work
by County);and shall be paid through the date of termination for work completed.
XV. TERMINATION WITH CAUSE
The County may terminate this agreement for cause if the Consultant shall default in
the performance of any of its obligations under this agreement. Default shall include
the occurrence of any one of the following events and same is not corrected to the
satisfaction of the County within fifteen (15) days after the County provides the
Consultant with written notice of said default:
a. Failure to provide services described in this contract.
b. Failure to comply with local,state, or federal rules or regulations pertaining to
this contract.
c. Breach of any other term,condition or requirement of this agreement.
XVI. SUBCONTRACTORS AND ASSIGNMENT
The Consultant may subcontract for services. Consultant will be responsible to verify
eligibility for employment and registration according to this Contract. These
subcontractors shall be treated as employees of Consultant under this Contract and
shall be covered by Consultant's insurance. Subcontractors are expressly not third
party beneficiaries under this contract.
Other than as above mentioned, the Consultant shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written
approval of the Board of County Commissioners of Monroe County, which approval
shall be subject to such conditions and provisions as the Board may deem necessary.
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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.
XVII. COMPLIANCE WITH LAW
In providing all services pursuant to this agreement,the Consultant shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of, such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a material
breach of this agreement and shall entitle the Board to terminate this contract
immediately upon delivery of written notice of termination to the Consultant. The
Consultant shall possess proper registrations to perform work in accordance with
these specifications throughout the term of this contract.
XVIII. DISCLOSURE, CONFLICT OF INTEREST,AND CODE OF ETHICS
1. The Consultant represents that it, its directors, principals and employees,
presently have no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of services
required by this contract, as provided in Sec. 112.311, et. seq., Florida
Statutes. Upon execution of this contract, and thereafter as changes may
require,the Consultant shall notify the County of any financial interest it may
have in any and all contracts with Monroe County.
2. The County represents that its officers and employees recognize and will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's
agency, unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use, of certain
information.
XIX. FINANCIAL RESPONSIBILITY
The Consultant shall not pledge the County's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. The Consultant further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this
contract.
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XX. 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 mail, returned
receipt requested,to the following:
FOR THE COUNTY:
Monroe County Administrator Growth Management Director Monroe County Attorney
1100 Simonton Street 2798 Overseas Highway 111112 th St.,Suite 408
Key West, FL 33040 Marathon,FL 33050 Key West, FL 33041
FOR CONSULTANT:
Alberto Balido
Anfield Consulting, Inc.
201 West Park Avenue
Tallahassee, FL 32301
850-322-8907
XXI. TAXES
The County Is exempt from payment of Florida State Sales and Use taxes. The
Consultant shall not be exempted by virtue of the County's exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this contract,
nor Is the Consultant authorized to use the County's Tax Exemption Number in
securing such materials.
The Consultant shall be responsible for any and all taxes, and withholding for any
required deductions from compensation paid to its employees related to services
rendered under this agreement. County shall not be responsible for payment for any
of Consultant's employees.
XXII. GOVERNING LAW,VENUE, INTERPRETATION,COSTS AND FEES
This Contract shall be governed by and construed in accordance With the laws of the
State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Contract, the County and Consultant
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. Mediation proceedings initiated and
conducted pursuant to this Contract shall be In accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of
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Monroe County. Both parties specifically waive their right to a trial by jury. This
Contract is not subject to arbitration.
XXIII. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a response on a contract to provide
goods or services to a public entity; may not submit a bid on a contract with a public
entity for 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 Consultant, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list. (CATEGORY
TWO:$35,000.00).
XXIV- AUTHORIZED SIGNATURES
The signatory for the Consultant,below,certifies and warrants that:
1. The Consultant's name in this agreement is its full name as designated in its
corporate charter.
2. He or she is empowered to act and enter into contracts on behalf of Consultant.
3. This agreement has been approved in accordance with the Consultant's
corporate policies and directives and in accordance with law.
Further, Consultant shall, upon execution of this agreement, provide current proof of
active corporate or other status and a list of its Board of Directors.
XXV. SEVERABILITY
If any term, covenant, condition or provision of this Contract (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 Contract, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Contract 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 Contract would
prevent the accomplishment of the original intent of this Contract. The County and
Consultant agree to reform the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
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XXVI. 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, and shall include attorney's fees and court costs in appellate
proceedings. 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.
XXVII. BINDING EFFECT
The terms, covenants, conditions,and provisions of this Contract shall bind and inure
to the benefit of the County and Consultant and their respective legal
representatives, successors, and assigns.
XXVIII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Contract have been duly authorized by all necessary County
action and by action of the Consultant, as required by law.
XXIX. COOPERATION
In the event any administrative or legal proceeding Is instituted against either party
relating to the formation, execution, performance, or breach of this Contract, 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 Contract or provision of the services under this Contract. County
and Consultant specifically agree that no party to this Contract shall be required to
enter into any arbitration proceedings related to this Contract.
XXX 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 Contract 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 Contract. For the
breach or violation of the provision,the Consultant agrees that the County shall have
the right to terminate this Contract without liability and, at Its discretion, to offset
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from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage,gift,or consideration.
XXXI. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the County and the Consultant in this Contract and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
XXXII. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Contract 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 the 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 Contract separate and apart, Inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
XXXIII. ATTESTATIONS
Consultant agrees to execute such documents as the County may reasonably require,
Including but not limited to a Public Entity Crime Statement, an Ethics Statement, and
a Drug-Free Workplace Statement which are attached hereto in original form with
original signatures from Consultant's response to RFP, or as provided thereafter.
XXXIV. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of County in his or her
individual capacity, and no member, officer, agent or employee of 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.
XXXV. EXECUTION IN COUNTERPARTS
This Contract 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
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instrument and any of the parties hereto may execute this Contract by signing any
such counterpart.
XXXVI. SECTION HEADINGS
Section headings have been inserted in this agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
agreement and will not be used in the interpretation of any provision of this
agreement.
XXXVII. INSURANCE POLICIES
Prior to execution of this agreement, the CONSULTANT shall furnish the COUNTY
Certificates of Insurance indicating the following coverages or in excess thereof:
• Workers Compensation in the amount of statutory limits as specified in
Florida Statutes 440.
• Employers Liability with:
$500,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits;and
$500,000 Bodily Injury by Disease,each employee.
• General Liability (Premises operations, blanket contractual, expanded
definition of property damage, products & completed operations, personal
Injury) with:
$500,000 Combined Single Limit.
• Vehicle Liability with:
$500,000 combined single limit per Occurrences/$500,000 Aggregate
• Professional Liability with:
$500,000 per Occurrence; and
$1,000,000 Aggregate.
COUNTY shall be named as an additional insured with respect to CONSULTANrs
liabilities hereunder in insurance coverages identified, with the exception of
Professional Liability.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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XXXVIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the
Consultant for the services contemplated herein. Any amendments or revisions to
this agreement must be in writing and be executed in the same manner as this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts be deemed an original contract.
(SEAL)
Attest: AMY HEAVILIN,CLERK OF COURT BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
Anfield Consulting, Inc.
WITNESS By;
Print Name: Alberto Balido
Title: Managing Member
WITNESS
Print Name:
STATE OF
COUNTY OF
On this day of 2014, before me appeared Alberto Balido, Managing Member of
Anfield Consulting, Inc.,the person whose name is subscribed above, and who produced
as identification,or is personally known to me, and acknowledged that he is the
person who executed the above Contract for the purposes therein contained.
MONROE COUNTY ATTORNEY
Notary Public
APPROVED AS TO FO
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Id
NATILEENE VV CASL
ASSISTANT COUNTY ATTORNEY
Print Name Date ,
My commission expires: Seal
14
SCOPE OF WORK
A. Development of draft legislation intended to promote the protection of Monroe
County's Land and Water Resources.
Consultant shall work with county staff to review and identify relevant state statues and
rules relating to the protection of land and water resources in Monroe County that may
be appropriate for consideration or amendment to accomplish the goals of Monroe
County. In collaboration with designated County staff, consultant will identify those
specific sections that the County would like to amend, or determine whether new
sections of law should be drafted. Consultant will:
1. Draft specific amendments to these provisions; and
2. Draft any new language needed in consultation with County staff; and
3. Produce legislation for submittal by Monroe County to the members of the Monroe
County delegation for introduction during the 2015 Legislative session to promote
the allocation of state and regional government funds for the implementation of
projects that further the Florida Keys Marine Sanctuary Water Quality Protection
Plan including those identified as follows :
• The Monroe County Canal Management Master Plan
• Storm water Master Plans of the Keys
• Wastewater Master Plans of the Keys
• Acquisition of properties identified in the Florida Forever Work Plan:
• The Florida Keys Ecosystem Project;
• The Key Deer/Coupon Bight Project;
o North Key Largo Hammocks; and
• any other water resource and land acquisition projects identified by Monroe
County or its municipalities.
B. Provide strategic consultation to shepherd the new Monroe County Land and Water
Resources protection legislation through the 2015 Legislative Session.
Consultant shall assist County staff to advance the legislation through the 2015 state
legislative session including providing or ensuring the necessary interagency coordination,
stakeholder input, and strategic consultation related to State appropriations, and
specialized support to Monroe County's Legislative Team. Consultant will:
1. Throughout the drafting of the proposed legislation, contact the Governor's Office of
Policy and Budget, relevant state and regional agencies, as well as other stakeholder
groups (including, but not limited to, the Florida Association of Counties, the Florida
League of Cities, environmental groups and other non-governmental organizations) in
order to solicit input and identify any potential concerns on the part of those groups;
2. As needed and at the direction of the County Administrator and Director of Legislative
Affairs, monitor and provide strategic advice as to state legislation or programs
relating to the funding of water resources protection or land acquisition;
EXHIBIT A Page 1
3. Work with assigned members of the County's lobbying team to brief sponsors,
legislative committee staff and legislative committee members as necessary to
explain the purpose of the proposed revisions, in advance of or during any hearings
or presentations made by the bill sponsors or the County before any legislative
committee or the Governor's Office; and
4. Will be responsible for coordination of its work with County officials. Consultant shall
copy the designated County staff on all written communications with agencies and
other organizations. All written input received relating to the proposed legislation
shall be forwarded to the County. Responses to any comments or input received
shall be coordinated with County staff.
5. Although the scope of this contract does not include lobbying/advocacy of the
County's position, the County recognizes that under State law consultant may be
required to register as a lobbyist on behalf of the County in order to communicate
with employees of the Executive or Legislative branches of Florida Government.
EXHIBIT A Page 2
t
201 West Park Avenue,Sufte 100,Tallahassee,FL 32308
Tallahamme Phone(US)500-9736 Fax(866)900-9736
Attention: Christine Hurley —/1/2014
Client: Monroe County
Growth Management Director Invoice Number
2798 Overseas Highway MRC-101
Marathon,FL 33050
Number Description -J Fees
1.1 Consulting Services(_2014) $ 3-):5t)'0V
(Add full description of services provided)
TOTAL: $ 2>-7 Sr.
Please make check payable to: Anfield Consulting Group
Federal EIN: 27-2784703
Thank you for your business.
EXHIBIT B
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EXHIBIT"
ACKNOWLEDGMENT AND PROHIBITED CONDUCT
I am an employee with Anfield Consulting, Inc. when assigned to work for Monroe County
according to a contract between Anfield Consulting and Monroe County, I acknowledge that I
am not an employee of Monroe County and am not entitled to any benefits from Monroe
County.
Compensation will be provided by Anfield Consulting, Inc. and Monroe County is not
responsible for paying me for my work.
I will comply with the personnel policies of Anfield Consulting, Inc. and will not engage in
conduct that is prohibited according to Attachment 1, Prohibited Conduct, which has been
provided to me.
I further acknowledge that I have received agree to the Prohibited Conduct reguirement
attached hereto as Attachment 1.
Signature
Print Name
Date:
Anfield Consii1ting
EXHIBIT C Page 1
Acknowledgement Attachment I
Prohibited Conduct
A. Willful or repeated violations of County, State or Federal law or of these policies and
procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C. Misconduct - Behavior not conforming to prevailing standards - Misconduct may include,
but is not limited to the following: Fighting or inflicting bodily harm on another person,
gambling, dangerous horseplay, being under the influence or possession of illegal drugs
or alcoholic beverages, immoral behavior, smoking in restricted areas, any violent act or
language which adversely affects morale, production, or maintenance of discipline.
Rudeness or acts of disrespect to members of the public, supervisors, or other employees
on duty or off duty. Employees shall not consume or be under the influence of alcoholic
beverages while on duty , nor shall they use or be under the influence of., consume or
possess illegal substances while on duty, or on County property at any time.
D. Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the
County and Consultant (on duty or off duty).
E. Conviction of(or a plea of nolo contendere in connection with) a felony or gross
misdemeanor, or conviction of a misderneanor or ordinance violation involving moral
turpitude.
F. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or
tampering with County property without proper authorization.
G. Fraud or Dishonest), - Falsification Of County documents or records, or computer
generated records. Intentionally making false statement either oral or written about the
County, its employees, other employees of Consultant.
H. Tardiness - Failure to report to assigned work station on or before the scheduled starting
time.
1. Misuse ofTimc - Sleeping or other acts of inattention or neglect of duty. Unauthorized
sale of articles or services, distribution or posting of literature, canvassing, polling or
petitioning.
1 Safety Violations - Unauthorized possession and/or use of weapons, ammunition or
explosives. Failure to observe general safety practices and regulations. Neglect in the
safety of others or the committing of unsafe acts in the use and care of County property
or equipment.
K. Illegal driving - Driving for Consultant while performing tasks under the Agreement
when not possessing a valid Florida driver's permit or liability insurance, in accordance
with the provisions or the Agreement.
L. Malicious or Negligent Destruction of Property - Willful or malicious destruction of
County property. Damage of property by failing to use proper equipment, care and good
j Udgment.
M. Incompetence or Inefficiency - Inability or failure to perform work of all acceptable
standard
Anfield Consulting
EXHIBIT C Page 2
N. Discrimination in Employment- Discriminating against an employee of"Monroe County
or Consultant's employees because of race, color, national origin, sex, religion, creed,
sexual preference, handicap or age as defined in state or federal laws
0. Acceptance of unauthorized compensation.
P. Misfeasance - The doing of a lawful act in an unlawful or improper manner so that there
is an infringement on the rights of another.
Q. Smoking— Smoking of tobacco products is prohibited in all Monroe County owned or
occupied public facilities (buildings), vehicles, elevators, meeting rooms, hallways,
corridors, lobbies, water fountain areas, stairwells and entryways,
Anfield Consulting
EXHIBIT C Page 3
%C#*ONSTITUTIONAL AMENDMENT PETITION FORM
:,411 infornwtionon thisfionn, becomes a public record upon receipt by the
Under Florida leav,a is afirsidegive as provided ay s. 775.082ors. 775.083,NoridaStaiutes,to knowing"lysign more thandyne,pelihonftw-a
candidate,a minorpofiticalpaqy,or an issue,[Section 104.185,FloridaStattaesj
ff all requeved information on ihisfibrin is not completed,the,lbrin will not be ralid.
Your Name:
(Please print name as it appears on your Voter Information Card)
Your Residential Street Address:
City: -Zip: County:
Voter Registration Number: (or) Date of Birth
/am a registered voter of Florida and hereby petition the Secretary of State to place the following proposed amendment to the
Florida Constitution on the ballot in the general election:
BALLOT TITLE: Water and Land Conservation - Dedicates funds to acquire and restore
Florida conservation and recreation lands
BALLOT SUMMARY: Funds the Land Acquisition Trust Fund to acquire, restore, improve, and
manage conservation lands including wetlands and forests; fish and wildlife habitat; lands protecting
water resources and drinking water sources, including the Everglades, and the water quality of
rivers, lakes, and streams; beaches and shores; outdoor recreational lands; working farms and
ranches; and historic or geologic sites, by dedicating 33 percent of net revenues from the existing
excise tax on documents for 20 years.
ARTICLE AND SECTION BEING CREATED OR AMENDED: Add a new Section 28 to Article X
FULL TEXT OF THE PROPOSED AMENDMENT:
SECTION 28. Land Acquisition Trust Fund.--
a) Effective on July 1 of the year following passage of this amendment by the voters, and for a period of 20 years after that
effective date,the Land Acquisition Trust Fund shall receive no less than 33 percent of net revenues derived from the existing
excise tax on documents, as defined in the statutes in effect on January 1, 2012, as amended from time to time, or any
successor or replacement tax, after the Department of Revenue first deducts a service charge to pay the costs of the collection
and enforcement of the excise tax on documents,
b) Funds in the Land Acquisition Trust Fund shall be expended only for the following purposes:
1)As provided by law, to finance or refinance: the acquisition and improvement of land, water areas, and related property
interests, including conservation easements, and resources for conservation lands including wetlands, forests, and fish and
wildlife habitat; wildlife management areas; lands that protect water resources and drinking water sources, including lands
protecting the water quality and quantity of rivers, lakes, streams, springsheds, and lands providing recharge for groundwater
and aquifer systems; lands in the Everglades Agricultural Area and the Everglades Protection Area, as defined in Article 11,
Section 7(b); beaches and shores; outdoor recreation lands, including recreational trails, parks, and urban open space; rural
landscapes; working farms and ranches-, historic or geologic sites; together with management, restoration of natural systems,
and the enhancement of public access or recreational enjoyment of conservation lands.
2)To pay the debt service on bonds issued pursuant to Article V11, Section 11(e).
c) The moneys deposited into the Land Acquisition Trust Fund, as defined by the statutes in effect on January 1, 2012, shall
not be or become commingled with the General Revenue Fund of the state.
Date: yt
Date of Signature Signature of Registered Voter
f1d,pool,adv paidfoy andsponsofed by Fforida's Wale�i and Land U.�yac,yl 1700 N,Monroe St,Slp. 71-286, Tallahassee FL 32303
RETURN TO: Florida's Water and Land Legacy
316 Williams St., Tallahassee, Florida 32303
Paid petition circulators hor official use only:
Name: Sedahimber: 12-04
Address: Date approved: 9/17/2012
-----------
Statutes& Constitution .View Statutes : Online Sunshine Page I of 2
Select Year: Go
The 2014 Florida Statutes
Title XIV Cha jer 215 View En2rgShAter
TAXATION AND FINANCE FINANCIAL MATTERS: GENERAL PROVISIONS
215.619 Bonds for Everglades restoration.—
(1) The issuance of Everglades restoration bonds to finance or refinance the cost of the acquisition
and improvement of land, water areas, and related property interests and resources for the purpose of
implementing the Comprehensive,Everglades Restoration Plan under s. 2Z3,470, the Lake Okeechobee
Watershed Protection Plan under s. ]ZI_4M, the Ca(oosahatchee River Watershed Protection Plan
under s. 3ZI_4,91, the St. Lucie River Watershed Protection Plan under s. F_JAM, and the Florida
Keys Area of Critical State Concern protection program under ss. 380.0 and 3§QQ552 in order to restore
and conserve natural systems through the implementation of water management projects, including
wastewater management projects identified in the Keys Wastewater Plan, dated November 2007, and
submitted to the Florida House of Representatives on December 4, 2007, is authorized in accordance
with s. I I(e), Art. V11 of the State Constitution.
(a) Everglades restoration bonds, except refunding bonds, may be issued only in fiscal years 2002-
2003 through 2019-2020 and may not be issued in an amount exceeding $100 million per fiscal year
unless:
1. The Department of Environmental Protection has requested additional amounts in order to
achieve cost savings or accelerate the purchase of land; or
2. The Legislature authorizes an additional amount of bonds not to exceed $200 million, and limited
to$50 million per fiscal year, specifically for the purpose of funding the Florida Keys Area of Critical
State Concern protection program. Proceeds from the bonds shalt be managed by the Department of
Environmental Protection for the purpose of entering into financial assistance agreements with local
governments located in the Florida Keys Area of Critical State Concern�co finance or refinance the cost
of constructing sewage collection, treatment, and disposal facilities
(b) The duration of Everglades restoration bonds may not exceed 20 annual maturities and must
mature by December 31, 2040. Except for refunding bonds, a series of bonds may not be issued unless an
amount equal to the debt service coming due in the year of issuance has been appropriated by the
Legislature. Beginning July 1, 2010, the Legislature shalt analyze the ratio of the state's debt to
projected revenues before authorizing the issuance of bonds under this section.
(2) The state covenants with the holders of Everglades restoration bonds that it will not take any
action that will materially and adversely affect the rights of the holders so long as the bonds are
outstanding, including, but not limited, to, a reduction in the portion of documentary stamp taxes
distributable under s. 2Q1,J5(1) for payment of debt service on Preservation 2000 bonds, Florida Forever
bonds, or Everglades restoration bonds.
(3) Everglades restoration bonds are payable from, and secured by a first lien on, taxes distributable
under s. 2QJJJ(1)(b) and do not constitute a general obligation of, or a pledge of the full faith and
http://www.leg.state-fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search—St... 10/1/2014
Statutes& Constitution .View Statutes : Online Sunshine Page 2 oft
credit of, the state. Everglades restoration bonds shatt,be secured on a parity basis with bonds secured
by moneys distributable under s. 2Q1,15(1)(a).
(4) The Department of Environmental Protection shalt request the Division of Bond Finance of the
State Board of Administration to issue Everglades restoration bonds under the State Bond Act in an
amount supported by projected expenditures of the recipients of the proceeds of the bonds. The
Department of Environmental Protection shalt coordinate with the Division of Bond Finance to issue the
bonds in a cost-effective manner consistent with cash needs.
(5) The proceeds of Everglades restoration bonds, less the costs of issuance, the costs of funding
reserve accounts, and other costs with respect to the bonds, shalt be deposited into the Save Our
Everglades Trust Fund. The bond proceeds deposited into the Save Our Everglades Trust Fund shalt be
distributed by the Department of Environmental Protection as provided in s. 171-4-7Q.
(6) Lands purchased using bond proceeds under this section which are later determined by the South
Florida Water Management District and the Department of Environmental, Protection as not needed to
implement the comprehensive plan,, the Lake Okeechobee Watershed Protection Plan, the
CaLoosahatchee River Watershed Protection Plan, or the St. Lucie River Watershed Protection Plan,
respectively, shalt either be surptused at no less than appraised value, and the proceeds from the sate of
such lands shalt be deposited into the Save Our Everglades Trust Fund to be used to implement the
respective plans, or the South Florida Water Management District shalt use a different source of funds to
pay for or reimburse the Save Our Everglades Trust Fund for that portion of land not needed to
implement the respective plans.
(7) There may not be any sate, disposition, tease, easement, License, or other use of any land, water
areas, or related property interests acquired or improved with proceeds of Everglades restoration bonds
which would cause all or any portion of the interest on the bonds to be included in gross income for
federal income tax purposes.
(8) Any complaint for validation of bonds issued under this section may be filed only in the circuit
court of the county where the seat of state government is situated. The notice required to be published
by s. Z5&may be published only in the county where the complaint is filed, and the complaint and
order of the circuit court need be served only on the state attorney of the circuit in which the action is
pending.
History.-s.2,ch.2002.261;s.21,ch. 2003-394;s. 3,ch.2006.231; s. 1,ch.2007.253;s. 1,ch.2008-49;s. 33, ch. 2010-
205.
mm
Copyright 0 1995.2014 The Florida Legislature 0 ftkamudta= -QXII&QUA
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