Item C32
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: DECEMBER 15, 2004
DIVISION: COMMUNITY SERVICES
BULK ITEM: YES
DEPARTMENT: COMMUNITY SERVICES/FKCFPWD
AGENDA ITEM WORDING: Approval of a request to use $9,000 from the FKCFPWD fund for Handicapped Parking
Fines for ADA Education and Awareness programs in Monroe County and approval of a Contract between Monroe
County and Brennan Consulting, Inc. for the Florida Keys Council for People with Disabilities (FKCFPWD) to hold an
ADA Seminar on January 5, 2005, to be held at the Cheeca Lodge, Islamorada at a cost of $4,750.
ITEM BACKGROUND: The FKCFPWD Council members, by unanimous vote, requested outside ADA consulting
services to be used by the Disability Council to better educate the Council Board and public, and to promote ADA
awareness and ADA regulations compliance in Monroe County. Two responses were received from requests for quotes
for ADA consulting services.
PREVIOUS RELEVANT BOCC ACTION: 5/21/03 - Approval to use $10,000 from the FKCFPWD Handicapped Parking
Fines Fund for ADA Education and Awareness programs (ADA Seminar in Key West). 10/15/03 - Approval of Contract
with ADAhelp, Inc. to hold ADA Seminar in Key West.
CONTRACDAGREEMENTCHANGES: NM
STAFF RECOMMENDATION: Approval
TOTAL COST: $9,000
COST TO COUNTY: $9,000
BUDGETED:
SOURCE OF FUNDS: Fund 158 Misc.Special Revenue Fund
(Handicapped Parking Violations Fund)
REVENUE PRODUCING: N/A
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney XXX
OMB/Purchasing XXX
Risk Management XXX
DIVISION DIRECTOR APPROVAL
x
To Follow
DOCUMENTATION: Included
AGENDA ITEM # _C 3d-
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
Contract with: Brennan Consulting,Inc. Contract # -
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of a request to use $9,000 from the FKCFPWD fund for Handicapped Parking
Fines for ADA Education and Awareness programs in Monroe County and approval of
a Contract between Monroe Countv and Brennan Consultin!L Inc. for the Florida Kevs Council
for People with Disabilities (FCKFPWD) to hold an ADA Seminar on January 5, 2005, to be
held at the Cheeca Lodge, Islamorada at a cost of$4,750.'
Contract Manager: Jim Malloch 4500 Community Services / #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ $9,000
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ $9,000
158-04558-530340-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries. etc.)
CONTRACT REVIEW
Division Director
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Comments:
OMB Form Revised 2/27/01 MCP #2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of December,
2004, by and between The Monroe Country Board of County Commissioners,
(hereafter referred to as the County) and Brennan Consulting, Inc. (hereinafter
referred to as Consultant).
WHEREAS, it has been determined in the best interest of the County to
obtain consulting services to provide a three to three and one-half hour
presentation on bringing facilities into Federal Accessibility compliance; now
therefore
IN CONSIDERATION OF the mutual promises and covenants of this
Agreement" the Parties agree as follows:
1. TERM OF AGREEMENT
This Agreement shall begin on the date first above written, and shall end
on January 31,2005, subject to early termination as specified below.
2. SCOPE OF SERVICES
The scope of services shall be a presentation on January 5, 2005, at
Cheeca Lodge, Islamorada, Florida. This program will include a PowerPoint
presentation incorporating an overview of Title ill, including barrier removal
compliance as well as new construction, standards under the Florida Accessibility
Code which are more stringent than federal standards, and Federal Fair Housing
requirements. Film clips and slide presentations may be incorporated into the
presentation, along with a break of approximately 20 minutes.
3. THE CONTRACT SUM
The County shall pay to the Consultant pursuant to the Florida Prompt Payment
Act upon receiving a proper invoice from the Consultant for the faithful
performance of said service in an arrears basis. The total Contract price (as
stated in the Consultant's proposal) shall not exceed $4,750.00.
4. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Consultant is
an independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the Consultant or any ofhislher employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
5. ASSIGNMENT/SUBCONTRACT
The Consultant shall not assign or subcontract it obligations under this
agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County and Consultant, which approval shall
be subject to such conditions and provisions as the Board may deem necessary.
This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any obligation upon
the board in addition to the total agreed-upon price of the services/goods of the
Consultant.
6. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Consultant
shall abide by all statutes, ordinances, rues 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 note of
termination to the Consultant. The Consultant shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this
contract.
7. ASSURANCE AGAINST 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 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: 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 parties to, or the subject matter of, this Agreement.
8. INSURANCE
Consultant shall provide documentation of insurance coverage required for
those individuals or firms that perform work for or on behalf of the County, as
specified in the Monroe County Risk Management Policy and Procedures
Manual, subject to waiver by the Risk management Department, as follows:
A) General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
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
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.
B) 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, N on.Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as
additional Insured on all policies issued to satisfy the above requirements.
C) 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:
$250,000 per Occurrence/$500,000 Aggregate
D) Prior to the commencement of work governed by this contract, the
Consultant shall obtain Workers' Compensation Insurance with limits sufficient
to respond to Florida Statute 440.
In addition, the Consultant shall obtain Employers' Liability Insurance
with limits of not less than:
$100,000 Bodily Injury 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.
If the Consultant has been approved by the Florida's Department of Labor,
as an authorized self-insurer, the County shall recognize and honor the
Consultant's status. The Consultant may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Consultant's Excess Insurance Program.
If the Consultant participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the Consultant may be required to
submit updated financial statements from the fund upon request from the
County.
9. HOLD HARMLESS
The Consultant covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of
services provided by the Consultant or any of its SubConsultant(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the
Consultant or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the Consultant's failure to purchase or
maintain the required insurance, the Consultant shall indemnify 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.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
10. PROFESSIONAL RESPONSIBILITY
The Consultant warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described,
subject to the terms and conditions set forth in these contract documents. The
Consultant shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided.
Continued funding by the Owner is contingent upon retention of appropriate
local, state, and/or federal certification and/or licensure of Consultant.
11. 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 be certified
mail, returned receipt requested, to the following:
FOR COUNTY:
James Malloch
Division Director, Community Affairs
1100 Simonton Street
Key West, Fl. 33040
FOR CONSULTANT:
Michael Brennan
7955 Biscayne Point Circle
Miami Beach, Fl. 33141
12. EARLY TERMINATION
A) In the event that the Consultant shall be found to be negligent in
any aspect of completion of the Scope of Work, the County shall have the right to
terminate this agreement after five days written notification to the Consultant.
B) Either of the parties hereto may cancel this agreement without
cause by giving the other party twenty days written notice of its intention to do
so.
13. GOVERNING LAWSNENUE
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts made and to be performed
entirely in the State.
In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of the Agreement, the County
and Consultant agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
The County and Consultant agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of
them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding.
14. RECORDKEEPING
Consultant shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles 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 four years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Consultant pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the Consultant shall repay
the monies together with interest calculated pursuant to Sec. 55.03, FS, running
from the date the monies were paid to Consultant.
15. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment
of the original intent of this Agreement. The County and Consultant agree to
reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
16. ATTORNEY'S FEES AND COSTS
The County and Consultant agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings. 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.
17. 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.
18. AUTHORITY
Each party represents and warrants to the other that the execution,
delivery and penormance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
19. CLAIMS FOR FEDERAL OR STATE AID
Consultant and County agree that each shall be, and is empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Consultant agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law.
21. COOPERATION
In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Consultant agree to participate, to the extent required
by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Consultant specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
22. 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 this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
23. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will
be required to comply with the standards of conduct for public officers and
employees as delineated n 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.
24. 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.
25. 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.
26. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, 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
contract entered into by the County be required to contain any provision for
walver.
27. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents or employees of
any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial
limits of the County.
28. 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 thereofby and participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties
of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
29. 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 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
Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
30. ATTESTATIONS
Consultant agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, An Ethics
Statement, and a Drug-Free Workplace Statement.
31. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be
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