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Item Q04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18. 2002 Division: County Administrator Bulk Item: Yes -X- No Department: County Administrator AGENDA ITEM WORDING: Approval of an Agreement with Commonwealth Consulting Corporation for continuing consulting servIces. ITEM BACKGROUND: Commonwealth Consulting has worked for the County for seven years. The attached summarizes the kinds of issues that were addressed in the past year and may be issues in the coming year. PREVIOUS RELEVANT BOCC ACTION: Approval of previous contracts. CONTRACT/AGREEMENT CHANGES: One year extension commencing on January 1,2003 and ending on December 31,2003. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $2.000 per month or $6.000 per month BUDGETED: Yes ~ No depending upon Tier + expenses COST TO COUNTY: $2.000 per month or $6.000 per month depending upon Tier + expenses REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ---1L DIVISION DIRECTOR APPROVAL: OMB/Purchasing ~ Risk Management _X_ .----;-' ~. ~ - ----' -L- C,J~;;d~<j- James L. Roberts DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # 04 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Commonwealth Contract # Effective Date: 01/01/03 Expiration Date: 12/31/03 Contract Purpose/Description: Approval of an Agreement with Commonwealth Consulting Corporation for continuing consulting services. Contract Manager: Debbie Frederick 4741 County Admin. Stop # 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/18/02 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ Depending upon work and Tier Level Budgeted? Yesk8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 00101-530310-_-_ - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (elZ. maintenance, utilities, ianitorial, salaries, etc.) - - - ---- CONTRACT REVIEW Date Out I) .J)-cl- ,"L . J~ -(, j- o .M.B./Purchasing ., - . 7/<:>..:: /~ County Attorney Comments: Commonwealth Consulting Corporation 1800 North Kent Street Suite 907 Arlington, VA 22209 Telephone: (703) 524-0026 Facsimile: (703) 524-1005 MEMO To: Jim Roberts From: Christopher M. Lehman Date: December 10, 2002 Subject: SUPPORT PROVIDED BY COMMONWEALTH CONSULTING As discussed, we have put together a summary of the kinds of work we have done this past year in support of Monroe County. This list is not intended to be exhaustive but rather is intended to indicate the various kinds of support that has been provided. A summary follows: Water Quality Improvements: We continued to lobby Congress for federal funding of Water Quality Improvements for the Florida Keys. We worked with Congressman Deutsch, Congresswoman Ros-Lehtinen, Senator Nelson, and Senator Graham, as well as Governor Bush's Washington office, and members of the environmental community to pursue federal funding for the Florida Keys. .:. Monitored national and regional press for articles relevant to the water quality concern, as well as other matters of interest to Monroe County. .:. Met with staffers in the offices of Senator Nelson, Senator Graham, Congressman Deutsch and Congresswoman Ros-Lehtinen and pressed them to get involved. .:. Drafted correspondence on behalf of County Commissioners. .:. Provided County Commissioners with talking points for meetings with Florida Congressional Delegation members. .:. Worked actively with Governor Bush's Washington Office on wastewater and other related issues. .:. Researched and assembled contact information for relevant Senators, Congressmen, and Professional Committee Staff. Proposed, coordinated, and facilitated meetings with County officials, and followed up after these meetings. .:. Coordinated visits of Monroe County officials to Washington, DC to maximize meeting time with government officials, including meetings with representatives of the Florida Congressional Delegation. .:. Worked with Nature Conservancy and World Wildlife Fund to maximize impact of the environmentalist lobby. .:. Evaluated the feasibility of a constituent's suggestion to place a wastewater treatment facility on former landfill property near Bay Point. In speaking with the Department of the Navy and others, this was deemed to be a poor option. Commissioner Visits to DC: We supported Commissioner Spehar on her visit to Washington, DC. We arranged meetings with Senators, Congressmen, and staff members on Capitol Hill; we provided the Commissioner with talking points for her meeting; We accompanied the Commissioner to her meetings; We drafted follow-up letters for the Commissioner's consideration; and we followed up on those meetings ourselves. FEMA's National Flood Insurance Program: We continued to work with the Commissioners, the Florida Congressional delegation, and the Governor's office in discussions with FEMA concerning the National Flood Insurance pilot program in the Florida Keys. Threat of Base Closure: We continued to monitor the potential for upcoming Base Closure (BRAC) rounds and kept the Commissioners appraised of how this might affect the Naval Air Facility Key West. A new round of base will occur in 2005. We have expressed to the Florida Congressional Delegation Monroe County's concern that NAS/NAF Key West not be closed and encouraged Senator Graham, Senator Nelson, Congressman Deutsch, and Congresswoman Ros-Lehtinen to make known to the Navy that they care about NAS/NAF Key West and believe it is a vitally important base. We continue to work to ensure that NAS/NAF Key West is not considered for future BRAC rounds should there be any. This effort has involved repeated contact with Department of the Navy officials in Washington, as well as at the base. Travel to Cuba: We advised the Commissioners on federal policies and regulations governing official travel to Cuba by United States citizens. We drafted and supported the County's application for a specific travel license filed with the Office of Foreign Assets Control at the Department of the Treasury. Poinciana Housing: At the request ofthe County, we have been monitoring and facilitating efforts to transfer the Poinciana Housing property from the U.S. Navy to the City of Key West to be used as affordable housing. Air Installation Compatibility Use Zone (AICUZ): We advised the Commissioners on Air Installation Compatibility Use Zone (AICUZ) issues. A request by an area developer to change the zoning of property near NAS/NAF Key West led to questions concerning how rezoning might impact operations at the Naval base. In the event of future base closure rounds, continuing encroachment of an airbase by incompatible development is a high negative and can lead to an increased possibility of a base being closed. We have facilitated communication between the County and the Navy on these matters. Cultivated Relationships with New Congressional Representatives and Staff: Congressional redistricting has left Monroe County with a new representative in Commonwealth Consulting Corporation 2 CONSULTING AGREEMENT This Agreement is entered into this day of December, 2002, by and between Monroe County (County), a political subdivision of the State of Florida, and Commonwealth. Consulting Corporation (Consultant). The parties agree as follows: 1. SCOPE OF CONTRACT: Consultant will assist County by providing goven'nnent relations, planning and public relations support with respect to matters relating to the Department of Defense, including base closure, base re-use, and other matters; wastewater and other environmental issues; and other matters as determined by the County. In performing this Agreement, Consultant shall comply with all applicable laws, rules, regulations, and policies of the United States of America or any jurisdiction where Consultant's services are to be performed and shall save County harmless from Consultant's failure to do so. 2. TERMS: This Agreement is intended to be for a period of one year, commencing on January 1,2003 and ending on December 31, 2003. At the end of this period, County shall have the option to extend the Agreement, subject to a renegotiation of terms. During the course of this Agreement, should either party seek to terminate this Agreement, it shall so state, in writing. Termination shall be effective 60 days after receipt of said written notice of termination. 3. FEES: As it is anticipated that the level of effort necessary to perform this Agreement will vary depending on the County's requested services, a two-tiered fee structure will apply. Progression from Tier 1 to Tier 2 will occur only upon mutual agreement of County and the Consultant: Tier 1 - Preliminary efforts of the Consultant on behalf of County may require only monitoring and liaison with the Executive and Legislative branches of the federal government. In return for the performance of Tier 1 services, County agrees to compensate Consultant $2,000 per month payable monthly in arrears. Payment shall be made in U.S. dollars by check. Tier 2 - However, it may be that a more vigorous and sustained effort on various issues will be necessary. Should County elect to progress to a Tier 2 level of performance, County agrees to compensate Consultant $6,000 per month payable monthly in arrears. Payment shall be made by check in U.S. dollars. In addition to such fees, County shall reimburse the Consultant's expenses for travel (to the extent allowed by Sec. 112.061, F.S.), courier, long distance telephone, printing, or unusual expenses incurred in connection with the provision of services under this Agreement. It is anticipated that Consultant will be required to travel to Monroe County several times during the course of this Agreement. All travel must be approved by County Administrator in advance. Congress. We have forged an excellent working relationship with Congresswoman Ileana Ros- Lehtinen and her staff. Even though the Congresswoman does not assume official responsibility for Monroe County until January~ she and her staff have already been working with us to resolve the Army Corps of Engineers permit concern on Big Pine Key. Army Corps of Engineers Wetlands Permit: We have been working with the Army Corps of Engineers and others to resolve a permitting issue that has been preventing the completion of an affordable housing project coordinated by Habitat for Humanity. We have been working with the Army Corps ofEngineers~ Habitat for Humanity~ Congresswoman Ros-Lehtinen's staff, and the County Commissioners to resolve this matter in a timely fashion before FEMA Unmet Needs funding is allowed to expire at the end of 2002. Commonwealth Consulting Corporation 3 Further, Consultant understands and agrees that if this Agreement should be terminated for any reason, payment of all expenses and fees incurred to the termination date will be made within 30 days of such termination. 4. MISCELLANEOUS PROVISIONS: a) Governing Law: This Agreement shall be governed by the laws of the State of Florida, both as to interpretation and performance. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction located in Monroe County, Florida. b) Notice: All notices provided for herein shall be sent by certified mail, postage prepaid, and addressed as follows: To CONSULTANT Commonwealth Consulting Corporation 9507 Beach Mill Road Great Falls, V A 22066 To COUNTY County Administrator The Historic Gato Cigar Factory 1100 Simonton Street Key West, FL 33040 c) Consultant must have in force and effect during the term of this Agreement the insurance described in Exhibit A. Exhibit A is attached to this Agreement and made a part of it. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By BOARD OF OCUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor/ Chairman (Corporate Seal) Attest: COMMONWEALTH CONSULTING CORP. By By Secretary/ Treasurer Christopher M. Lehman, President FROM: Commonwealth ConsultIng D~c 09 02 11:57e FRX NO. : 703 524 1005 James L Roberts Co ~dmin Dec. 09 2002 12:00PM P2 305 ~n~ 4~44 p.c J ~\l6 f;~IliClll MONROE COUNTY, FLORIDA RequeAf For Waiver of la.ur.nce Rtqui~menta It is ~vcsted that the iDsurlnce rcquiremerns, as specified in lhe COUAty'a Schedulo of Insuranoc Requirements. be WaIved or modified on tbe foll<twing coneract. Contrlctor: Commonwealth Consulting CorpOration - ----'.--..-- Contract tor: ___~:ing Services 1800 N. ~~nt dtreet ^ddre$s of Contractor: Phone: ._At"li.ngton, VA 222()9 (703) 524-0026 Scope of Work: .~ver~Qnt Relations, planning, and ~b11c relations. Reason for WaIver: Contracto!:' holds COIllP~!.J.n9ur~~_!.=ov~rBt:e ~~l!!cally designee! fer profeasionaJ . servfce_fu!!is. Polioies Waivcr will apply 10: lJatllltl CQunty's ape~if.1c c@qu1rellients and a~ce..l:!..t.....1tL Si,nalU~ of Contractor: -2!!". t'e~~~e~n crB' tor', ex', ".n:.,'", "'BO," =li oj e,. C~~I~.__- 'F1)~.- NB"""""" -.. . ( -. .' . I llfJt.) ilL U.<i,t . . r " . . . / .. J _ '-.. _, ..1 , , ~t'~ s:G(nn (k.. ---t-i~4tJ(~ -4~ -q -C'~.___ Risk Maaagcmcnt 0II1L' Count) Administrator Appcal: Approved; Not Approved: DalO: BRrd orCuunty Cnmmissi,,"cl"5 appeal AJl~roved: NUl "'I'pro\led: Meetin& Dati:; Administration Insaumon .4709.3 102 ~an-ZB-02 10:07A R1sk ManagQmQnt~ , \ 300 296 4364 ~--~---....~'.-. 'p.. '02 ~>. 1996 Edldnn WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, tbe Contractor sball obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily ~ury by Accident $500.000 Bodily Injury by Disease, policy limits $100,000 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. lfthe Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County sba1l recogni2e and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess InsUrance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition. the Contractor may be required to submit updated financial statements from the fund upon request from the County. wel \ ministration Instruction '09.2 88 .-..... ....... -_.....".... .... .....'" ..._....w........n~ 305 295 4364 p~~ '- 1996 Edldon GENERAL LtABILlTY INSURANCE REQUIREMENTS FOR CONTRAct BETWEEN MONROE COUNTY. FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. CoYetage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractua1 Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300.000 Combined Single Limit (CSL) If split limits arc provided, the minimum limits acceptable shall be: S100,000 per Penon $300,000 per Occurrence S 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage fo, claims fIled on or after the effective date of this contract. Tn addition, the period for which claims may be reported should extend for [1 minimum of twel ve (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 policics issued to satisfy the above requirements. GLl Administration 'n,tnlclinn "4709.2 54 -- -- -- ----...-- .... .--- .-_..-...~.--....,.' ;SOEi 295 4364 P.04 '996 Editioa VEHICLE LIABILITY INSURANCE REQUiREMENTS . FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles~ the Contractor, prior to the commencement of work, shall obtain V chicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum. liability coverage for. . Own~ Non-Owned, and Hired Vehicles '. The minimum limits ac:<:cptable shall be: $100,000 Combined Singlc Limit (CSt) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 pcrOccUIIence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on aU policics issued to satisfy the above requirements. II VLl Administntlion InstnJction "4709.2 8' --ilIjjIII'----..-. ........~ c:::n::) &fo.:tO&fo -.....06 - 1996 EditilHl PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a profcssional nature, the Contractor 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 perfonnancc of professional services or any error or omission of the Contractor arising out of werle governed by this COntract. The minimum limits of liability shall be: $250,000 per OccurrencelSSOO,OOO Aggregate . PROl AdministtllliUR tlUtnJction 114709.2 77