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Item P7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 15, 2006 ADD-ON Division: County Administrator Bulk Item: Yes _X_ No Department: County Administrator Staff Contact: Mark Rosch AGENDA ITEM WORDING: Approval to accept under Chapter 4-B of Monroe County Purchasing Policy responses to an informal RFQ and to approve an Agreement for Consulting Services with Muller and Associates, Inc. to prepare a Land Acquisition and Management Plan. ITEM BACKGROUND: The Work Program in Policy 101.2.13 of the Comprehensive Plan mandated by Administration Commission Rule 28-20.110, Florida Administrative Code, requires the preparation of a Land Acquisition and Management Plan. Staff recommends hiring a consultant for this task due to the recent staff turnover in the Growth Management Division. Staff also recommends using an informal RFQ process in order to save time and facilitate prompt completion of the task. Staff has, by telephone, solicited a Statement of Qualifications from two firms and recommends hiring Muller and Associates, Inc. Copies of the SOQ's are attached hereto. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT I AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: not to exceed $25,000 BUDGETED: Yes No _X_ COST TO COUNTY: not to exceed $25,000 SOURCE OF FUNDS: SOCC Administrative Cost Center 00101 Line Item 530340 REVENUE PRODUCING: Yes No AMOUNT PER MONTH YR APPROVED BY: County Atty ----L OMS/Purchasing ~ Risk Management _X_ DIVISION DIRECTOR APPROVAL: g~ J. Willi. County Administrator DOCUMENTATION: Included x To Follow Not Required AGENDA ITEM # P'1 DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: M41/V ~ A5)/)G~S I Contract #_ f Effective Date: :I t\C . Expiration Date: Contract Purpose/Description: Acc,~ -S (./{pr') e,J' MA~b.~+- P1~'vJ f/f:--:OAJf-. Lt.~ v / () Contract Manager: M v-k Kt,5J" 5/60 $-& 14 - (Name) (Ext. ) (Department/Stop #) for BOCC meeting on fe& IS, 1/JtJV Agenda Deadline: I\dd-.o'V\ CONTRACT COSTS Total Dollar Value of Contract: $ '1-'5) t>Db Budgeted? YesD No D Account' Codes: Grant: $ County Match: $ Current Year Portion: $ Z- 5 I Db 0 CQL-QQ1QL~41L--_ - ----- - - - - ----- - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director qa:1 ~n ~ Changes Needed ~ YesDNo~ Date Out ~vie", ~~ 'x" '. '. . Risk Management ~ YesD NoD ". ';. , ',.<.' (, '~'-- ~ O.MB~aSing ~'IL/'.Cft;YesDNoGr ----r:::-~ CountyAttomey # YeSDNoW:1#;,,~ /I.) ~~ . 1 \';'-i B.flf. (Qft; Comments: OMB Form Revised 2/27/01 MCP #2 MAl Muller and Associates, Inc. Mr. Thomas J. Willi Monroe County Administrator 1100 Simonton Street Key West, FL 33040 February 10, 2006 Re: Development of a Land Acquisition and Management Master Plan for Unincorporated Monroe County Dear Mr. Willi, I am pleased to provide Monroe County with a statement of qualifications for Muller and Associates, Inc. regarding development of a Land Acquisition and Management Master Plan for unincorporated Monroe County. Muller and Associates, Inc. (MAl), with Jim Muller as project director, is uniquely qualified to conduct this work. I have been involved with Florida's land acquisition and management process for 25 years. For 14 years I was involved in the Florida Natural Areas Inventory's role in proposing and evaluating Conservation and Recreation Lands (CARL) projects; for 10 of these years I was Director ofthe Inventory. During that time we gathered and analyzed a substantial amount of information on the Florida Keys. I was also involved in land management issues, including land management plans. After I started Muller and Associates, Inc. in the 1990s, the Department of Community Affairs (DCA) and the Executive Office of the Governor contracted with MAl for three years to initiate the Florida Keys Carrying Capacity Study, a required product of the Keys work program. In this role, MAl was involved in vital Keys issues, including growth management, funding, land acquisition, wastewater, water quality, environmental protection, and transportation. I have established relationships with many people in Keys governments and with people on different sides of the issues in the Keys. My knowledge ofland acquisition in the Keys is up to date through my firm's role in the recent boundary amendments to Florida Forever projects in the Keys, the South Florida Ecosystem Restoration Land Acquisition Strategy, and my participation in virtually all Florida Forever Acquisition and Restoration Council meetings. During the boundary amendment process for the Florida Forever Keys projects in 2004-05, MAl worked closely with Keys local governments, Monroe County Land Authority, state and federal agencies, and private organizations to select the lands to propose for acquisition. I also worked with these same groups to secure land management commitments for all of the proposed lands. I was responsible for contacting more than 2500 landowners and doing this in such a way as to encourage their participation in the State's voluntary land acquisition program. Almost 8000 acres and with a tax assessed value of more than $45 million were unanimously approved for addition to the Florida Forever projects in the Keys. Approval of these boundary amendments likely resulted in great benefits for Monroe County. The State has committed approximately $90M for land acquisition in the Keys. Without these boundary amendments, the County would probably have been liable for more buyouts as a result of the ROGO process. www.MullerAssoc.com 3808 Sally Lane Tallahassee, FL 32312 850.668.4905 fax 850.668.7728 Mr. Thomas 1. Willi February 10,2006 Page 2 MAl has substantial knowledge concerning land acquisition funding sources. We successfully proposed Florida Forever projects such as the Northeast Florida Blueway, the St. Johns River Blueway, Cypress Creek/Trail Ridge, and the Lower Perdido River Buffer. MAl also played a lead role in securing more than $21 million in grants for 17 Florida Communities Trust projects. In addition to these high profile programs, MAl is familiar with numerous other funding sources for environmental land acquisition. MAl is under a sole source contract with the Florida Department of Environmental Protection (DEP) to assist the South Florida Ecosystem Restoration Task Force in the preparation of the Land Acquisition Strategy for South Florida. An excerpt from DEP's sole source justification is attached. Proper land management is critical to the successful protection of resources on acquired lands. MAl has worked with the DEP Office of Coastal and Aquatic Managed Areas (CAMA) to prepare management plans for their buffer preserves. We have also prepared plans for the DEP Office of Greenways and Trails. We are currently part of a team preparing management plans for the Miami-Dade County Environmentally Endangered Lands Program. Affordable housing must be a component of a Keys land acquisition plan. Sufficient land for affordable housing is a crucial element in protecting the quality of life in the Keys. Monroe County has made progress recently in acquiring land for affordable housing. Affordable housing land needs should be documented in the plan and potential funding sources identified. If MAl is awarded this project, I would serve as the project lead. My workload at present should allow completion of a draft land acquisition and management master plan by May, depending on the complexity of the plan. MAl prides itself on timely completion of all projects. While MAl's knowledge of land acquisition and management is essential to this project, my credibility and relationships at all levels of government and with various interest groups may be just as important. During my more than 25 years experience with Keys ecology, growth management, and land acquisition and management, I have worked with numerous people. References are available upon request. Please let me know if you need additional information. Best regards, ~f1i?LL James William Muller c: Mark Rosch Statement of Qualifications Preparation of Monroe County Land Acquisition and Land Management Master Plan Submitted by Patricia L. McNeese, Environmental Consultant February 11, 2006 Contents Firm History and Description Firm Experience and Capabilities Firm Structure, Resources and Availability Conclusion Appendix A Resume Page 1 Page 2 Page 4 Page 5 Statement of Qualifications Preparation of Monroe County Land Acquisition and Land Management Master Plan Submitted by Patricia L. McNeese February 11, 2006 Firm History and Description Patricia L. McNeese is an environmental consultant with over 20 years of experience. Ms. McNeese has worked extensively in the government arena, first in local government, then later as a consultant. During her seven-year tenure with Monroe County Government she advanced from field biologist to environmental planner and, for three years, served as Environmental Resources Department Director. Her duties at the County ranged from field assessments and permitting to comprehensive planning. Ms. McNeese began professional consulting in 1994 when she joined Lewis Environmental Services, a Florida firm specializing in habitat restoration and mitigation. There she expanded on her experience in permit negotiation and procurement at the local, state and federal levels. She also conducted extensive habitat mapping work, environmental assessments and wildlife surveys in upland, wetland and submerged natural resource communities. Ms. McNeese formed her own consulting company in 1999. Her services include resource assessment, impact assessment and mitigation, environmental permitting and monitoring, environmental and comprehensive planning, preparation of resource and land management plans, ecological studies, grant writing and expert witness testimony. For nearly three years she performed extensive habitat restoration work in the Florida Keys for the Audubon Society of Florida including project design and planning, permitting, fund raising, bidding, construction oversight and monitoring. Ms. McNeese has been heavily involved in permitting and NEP A compliance for large public works projects including the Hudson Channel dredging project, the Port of Miami expansion project, the Bicentennial Park shoreline rehabilitation project and the Florida Keys Water Quality Improvements Program. While environmental permitting has been a mainstay of her business, Ms. McNeese has completed numerous projects in a variety of areas including land use planning, habitat conservation planning, natural resource management, and grant writing. Ms. McNeese has authored numerous technical documents, reports and presentations. Statement of Qualifications - Patricia L. McNeese Firm Experience and Capabilities Environmental and Land Use Planning Patricia L. McNeese has extensive experience with environmental and land use planning in the Florida Keys. During her nearly 8-year tenure with Monroe County she participated in formulation and implementation of some of the most aggressive growth management programs in the state including comprehensive planning, dwelling unit allocation and other regulatory and program mechanisms. Ms. McNeese is very familiar with the history, structure and function of Florida Keys land use policies and regulations developed under Florida's Growth Management Act. At Monroe County her first job was to implement the environmental regulations of the Florida Keys Comprehensive Plan, adopted pursuant to the Area of Critical State Concern requirements (F.5. Chapter 380). Part of her early work included assisting the newly formed Monroe County Land Authority with property assessments. Ms. McNeese was part of a team of planners at Monroe County guiding the development of the Monroe County Comprehensive Plan written pursuant to F.S. Chapter 163. She later assisted the County in defending the plan through a lengthy state administrative hearing process. Ms. McNeese has participated more recently in localized land planning efforts in the Florida Keys. Recent projects include drafting of the Big Pine Key/No Name Key Livable CommuniKeys Plan and the Key Largo Livable CommuniKeys Plan policies. The Big Pine/No Name effort was done in conjunction with the Habitat Conservation Plan. Ms. McNeese served, with a team of consultants, as local land use and habitat expert on that project. Currently, Ms. McNeese, in conjunction with the Four Gates Company of Miami is completing the state review and local adoption process for the City of Marathon's Marina Siting Plan. The project included public involvement and drafting of an extensive marina siting plan addressing future redevelopment and planning for marina and mooring field uses throughout the City. The 188-page plan received praise from the public and came through Florida Department of Community Affairs' review with only one objection. Land Management and Land Management Plans Patricia L. McNeese has been dealing with land and wildlife management issues in the Florida Keys during her entire 19-year association with the area. She gained a first-hand knowledge of the primary problems facing land managers in the Keys through on-site evaluation and in-office review of dozens of land parcels during her tenure with Monroe County. Since then she has, by invitation, participated directly in several land management efforts including the Florida Keys Environmental Crimes Task Force, the Florida Keys Invasive Statement of Qualifications - Patricia L. McNeese 2 Exotics Task Force, the Florida Keys National Marine Sanctuary Working Group, and the South Florida Multi-Species Recovery Team. Ms. McNeese wrote required management plans for County lands slated (at that time) for purchase with Preservation 2000 funding, including Cocoplum Beach Management Plan and Calusa Cove Management Plan. She has also written or co-written numerous other land management documents including the Lignumvitae Key State Botanical Site Seagrass Restoration Plan (a subunit of the park management plan), and specific management documents for restoration and enhancement sites in the Keys. During her contract tenure with Florida Audubon to manage the Florida Keys Environmental Restoration Trust Fund, she conducted extensive restoration and management activities all on lands owned by federal, state and local governments. She constantly identified and resolved specific land management issues in coordination with the landowners at that time. Ms. McNeese has on- the-ground experience with planning for and executing land management tasks including eradication of invasive exotic vegetation, removal and prevention of illegal dumping, identification and remediation of hazardous waste, enhancement and/ or restoration for wildlife habitat, control of public use/ access, and preservation of archaeological resources. Ms. McNeese has also done quite a bit of public park facilities planning and permitting at several South Florida sites including Bicentennial Park and Margaret Pace Park in Miami, Lummus Park and North Shore Open Space Park in Miami Beach, Deering Estate in Homestead, and Coco plum Beach Park and Florida Keys Heritage Trail in the Florida Keys. Florida Keys Environment Patricia McNeese has extensive knowledge of the Florida Keys environment. She has conducted numerous ecological investigations and studies. Examples include "A Plan for Forest Conservation in the Florida Keys," "Florida Keys Advance Identification of Wetlands Technical Summary Document," and "Implementation of the Lignumvitae Key Submerged Land Management Area Restoration Plan" (includes an interactive GIS CD), as well as numerous technical documents on restoration sites and ecological systems. She has conducted hundreds of site visits and can quickly evaluate land conditions in ecological, land management and land use contexts. During her tenure with Monroe County she regularly completed site evaluations for the Monroe County Building Department and the Monroe County Property Appraiser. She recently participated in mapping of lands slated for state acquisition as part of the Florida Keys Ecosystem Project through the Florida Statement of Qualifications - Patricia L. McNeese 3 Forever Program, using the Florida Land Use, Cover and Forms and Classification System (FLUCCS) to designate habitats, land use types and special features for land appraisers. She is also currently mapping federally endangered species habitat for the City of Marathon based on detailed research of listed species occurrences and on her extensive knowledge of the vegetation and wildlife use patterns in the Florida Keys. Overall, Ms. McNeese is one of the few consultants possessing a working knowledge of the habitat and disturbance patterns present in virtually all platted lands in the Keys. Institutional Framework and Mechanisms Ms. McNeese is extensively familiar with the institutional and government framework in operation and affecting land acquisition and management in the Florida Keys. Through her extensive work with developers, appraisers, land acquisition agencies and land managers she is familiar with the concerns, priorities and limitations of each. She has an excellent working relationship with all federal, state and local government entities dealing with land acquisition and management in the Keys. She has worked directly for and cooperatively with the Florida Department of Environmental Protection Division of State Lands, the Florida Department of Community Affairs, the Monroe County Land Authority, and the U.s. Fish and Wildlife Service Florida Keys Refuges. Through her work primarily with local and state government, she is also intimately familiar with the funding sources available for acquisition. She has identified several funding sources and partnering opportunities for land management in the Keys and has, in fact, obtained several grants to fund land restoration and land management. Firm Structure, Resources and Availability Ms. McNeese is the owner, sole proprietor and sole employee of the consulting business. The business has been in continual operation for nearly seven years and is stable. She is a trained ecologist and a certified planner. Her office capabilities include Microsoft and Corel word processing and spreadsheet programs as well as high-speed internet and email capability. Ms. McNeese is highly proficient in the use of all of these programs and has an excellent working knowledge of ArcView Geographic Information Systems (GIS). She currently uses ArcView Version 3.3 to perform heads-up digitizing of habitats, land development features directly onto aerial photography and to produce a variety of mapping products. Ms. McNeese is fully insured, carrying general liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate. She also carries professional liability insurance of $100,000. These insurances have been accepted by the Monroe County Clerk for her current contract. Statement ot Qualifications - Patricia L. McNeese 4 It should be mentioned that Ms. McNeese's clients in the Florida Keys for which she is currently under contract consist almost exclusively of government and quasi-government entities including the State of Florida, Monroe County Board of County Commissioners, the City of Marathon and the Florida Keys Aqueduct Authority. Two private clients are also being served, one regarding a matter that will come before the Monroe County Board of County Commissioners. However, this has not been considered to be in conflict with Ms. McNeese's current county contract and it should not interfere with the nature of the proposed work either. Further details are available on request. Ms. McNeese's current workload is moderate. She is currently engaged in two large planning and permitting projects that will enter a completed or "dormant" stage by the end of February, and a third large project that will be completed by mid-March. Having otherwise fewer small projects, she is in an excellent position at this time to initiate this planning process and will have considerable time by mid-March to devote to the project. The deadline set for the draft Monroe County Land Acquisition and Land Management Plan is May 1, 2006. Ms. McNeese can definitely produce a complete draft on or prior to that date. One advantage Ms. McNeese has with regard to this project is her existing knowledge of the Florida Keys and her existing contacts there and elsewhere throughout Florida, allowing quick assembly and organization of information. Conclusion Patricia L. McNeese is uniquely qualified to produce a complete, and focused product within a short timeframe. She has an excellent working relationship with all entities involved in growth management, land management and land acquisition in the Florida Keys. She has a complete and immediate working knowledge of the Florida Keys. She can produce a complete product that will address Monroe County's concerns and issues while satisfying state requirements. Statement of Qualifications - Patricia L. McNeese 5 Appendix A: Resume and Selected Projects PATRICIA L. MCNEESE, M.S., AICP P.O. Box 450, Crystal River, FL 34423 phone/fax 352-795-0229 pmcneese@tampabay.rr.com ENVIRONMENTAL PLANNING CONSULTANT with 19 years of experience in coastal land use, coastal planning, coastal resource management. EDUCA nON Master of Science in Marine Biology, 1986 Florida Institute of Technology, Melbourne, Florida; Bachelor of Science with Honors in Marine Biology, 1982 University of North Carolina at Wilmington EMPLOYMENT 1999 - present 1998 -1999 1994 -1998 1987 -1994 Patricia L. McNeese, Environmental Consultant Jon Guerry Taylor, P.E., Ine. Lewis Environmental Services, Ine. Monroe County, Florida EXPERIENCE · Nineteen years of comprehensive planning and regulatory strategizing under Florida Growth Management Act, administrative hearings, expert witness testimony · Implementation of coastal growth management tools such as: performance zoning dwelling unit allocation transferable development rights adequate public facilities advance wetlands identification open space and clustering · Habitat conservation planning · Local community land use and marina siting plans · Local community wastewater and port facility planning · Park management planning · Grant writing and administration SKILLS · Excellent original writing skills · Practiced, concise presentation of planning information in a variety of forums · ArcView GIS, spreadsheets, word processing, power point · Certified planner Patricia L. McNeese Resume Page Two SELECTED PROJECTS (principal or ~ 50% team member): 1998-2005 Marathon Marina Siting Plan Develop a marina siting plan for the City of Marathon including public involvement process, marina inventory and evaluation, comprehensive plan changes, marina operating permit, and siting criteria. Florida Keys Aqueduct Authority (FKAA) Wastewater Project Assist FKAA with NEP A documentation for regional wastewater facilities including analysis of alternatives, service population projections, cost comparisons with on-site systems, facilities siting, environmental impact assessment and environmental justice. Habitat Conservation Plan (HCP) for the Key Deer, Big Pine Key ~ Assist in developing a habitat conservation plan for the Key deer including future land use ~ and impacts assessment, development of mitigation measures, public involvement. Big Pine Key Master Plan ~ Drafting of a community master plan for Big Pine Key, including direct coordination with ~ the federal HCP for the Key deer, community/commercial center corridor plan. Key Largo Master Plan ~ Drafting of community master plan for Key Largo including transportation and pedestrian ~ mobility, community center nodal plans. Lignumvitae Key State Botanical Site Seagrass Restoration Plan Drafting of a sea grass restoration program for a 10,OOO-acre submerged resource management area including inventories, assessment of need, prioritization and programming of restoration actions and coordination with state and federal efforts. Lignumvitae Key State Botanical Site Restoration Prioritization Development of an inventory and mapping system for vessel grounding restoration sites that includes scoring and ranking process for prioritizing sites. Final products include a project report and interactive compact disc with GIS products. Lignumvitae Key State Botanical Site Vessel Grounding Inventory Coordination and development of a vessel grounding inventory system. Data analysis includes profiling of typical grounding population for the purpose of more effective focusing of management and education efforts. Florida Keys Heritage Trail Procurement of state and federal resource permits and Coast Guard permits for installation of fishing platforms on historic Florida Keys bridges. Patricia L. McNeese Resume Page Three SELECTED PROJECTS: 1998-2005 (continued) Port of Miami Assist with Environmental Impact Statement on controversial Miami Harbor project, including environmental impacts characterization and mitigation, drafting of cumulative impacts assessment, response to extensive draft EIS comments. Port of Palm Beach ~ Drafting of environmental element of the port master plan including coordination with ~ land use, transportation and other elements. Florida Keys Advance Identification of Wetlands Drafting of the Florida Keys Advance Identification of Wetlands Technical Summary Document including rationale for the Florida Keys Wetland Evaluation Procedure and recommended permit matrix of land development suitability and mitigation. Florida Keys Environmental Restoration Trust Fund, Florida Audubon ~ Contract manager of Trust Fund set up for the purpose of restoration and management of ~ public natural lands in the Florida Keys including planning, funding, acquisition, design, j permitting, cost estimating, bidding, aerial photography and monitoring. Managed up to ~ 20 concurrent projects with a budget of approximately $1,000,000 in state, federal and local ~ grants and fees in-lieu of mitigation. Successful Grant Procurement and Administration of over $330,000 from the following: ~ USFWS Coastal Ecosystem Program FishAmerica Foundation ~ USFWS Challenge Cost Share Program Winston Waterways Homeowners National Fish and Wildlife Foundation Florida Coastal Management Program NOAA Community-Based Restoration Program Monroe County Boating Improvement Fund CERTIFICATIONS/MEMBERSHIPS · National Association of Environmental Professionals · American Institute of Certified Planners · American Planning Association · Florida Native Plant Society AGREEMENT FOR CONSULTING SERVICES for MONROE COUNTY LAND ACQUISITION AND MANAGEMENT MASTER PLAN This Agreement ("Agreement") made and entered into this day of ,200_ by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC'), AND Muller and Associates, Inc., a Florida corporation, whose address is 3808 Sally Lane, Tallahassee, FL 32312, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the preparation of a Land Acquisition and Management Master Plan which shall be called the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by all public entities having jurisdiction over the CONSULTANT and the Project; 1.1.2 The CONSULTANT shall maintain all necessary licenses, pennits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in Such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information; 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY's and its representative's information, a schedule for the performance of the CONSULTANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY's review, and for approval of submission by authorities having jurisdiction over the Project Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSULTANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. In the event the CONSULTANT does not conform to the schedule, then the CONSULTANT may be assessed a charge up to one percent (1 %) of the fee per week until the work product is produced in an acceptable manner_ The COUNTY shall assess the charge only after it is determined that the work delay is solely the fault of the CONSULTANT and his subconsultants and is not the fault of the COUNTY or other parties not under the control of the CONSULTANT. 1.1.7 CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 and 2.3, and other services identified as part of Basic Services, and include nonnal consulting services to prepare and complete a Land Acquisition and Management Plan. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed. 2 2.2 BASIC SERVICES INCLUDED Preparation of a Land Acquisition Management Plan as required by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, Rule 28-20.0110 of the Florida Administrative Code, and Monroe County Board of County Commissioners Resolution 39~2004. 2.3 OTHER Not Applicable. 2.4 SCHEDULE Project schedule is as follows: A. Completion of the draft Plan: S. Revision of draft Plan based on staff and agency comments. Submission of revised Plan for June SOCC meeting: C. Presentation of Plan to SOCC for approval: D. Revision of Plan if necessary based on SOCC action: May 1, 2006 June 1, 2006 June 21, 2006 July 30, 2006 2.5 COMPLETION DATE The Project must be completed no later than July 30, 2006. Time is of the essence in this regard. 2.6 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.7 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Mr. Mark Rosch, Executive Director Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 3 Key West, Florida 33040 Notice to the CONSULTANT shall be delivered to: Mr. James Muller Muller and Associates, Inc. 3808 Sally Lane Tallahassee, FL 32312 ARTICLE III ADDITONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY_ 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by COUNTY through its representative to CONSULTANT if COUNTY becomes aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.7. 4 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if. modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy. adequacy. fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY. its commissioners, officers. employees, agents and servants from any and all claims for bodily injury, including death. personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses. which arise out of, in connection with. or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 5 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME James Muller FUNCTION Consultina So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSULTANT shall notify COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 CONTRACT SUM The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement a sum not to exceed $25,000, contingent upon annual appropriation by the County. Upon the completion of each item in 2.4 the CONSULTANT shall submit to the County an invoice satisfactory to the County Clerk in meeting the project schedule. Consultant's fee will be based on upon the an hourly rate of One Hundred and Twenty -Five Dollars ($125.00). 7.2 PAYMENTS 7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly pursuant to the Florida Prompt Payment Act. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (8) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing 6 by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project outside of the basic scope of work: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. b. Reproductions as requested only by the COUNTY (beyond 6 complete reports in electronic and printed format, plus one complete reproducible set if drawings are necessary). 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation - see waiver. B. Employers Liability Insurance - see waiver. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on site and offsite operations, and owned, hired or non-owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per occurrence and Fifty Thousand Dollars ($50,000.00) per property damage. E. Professional liability insurance - see waiver. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 8 The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign its right hereunder. except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence. each party hereto binds itself. its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION Either party hereto may terminate this Agreement upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. The COUNTY may terminate this Agreement without cause upon giving seven (7) days written notice to the CONSULTANT. If the COUNTY utilizes this provision. the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid and shall include all expenses until date of termination and any additional services required in order to stop performance of services, subject to audit for verification. 9.6 CONTRACT DOCUMENTS This contract consists of the Agreement. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a publiC entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier. subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement 9 and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or County 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, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. 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 the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 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 10 provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to refonn the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 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. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Ead1 party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 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 15 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 sud1 relief or remedy as may be provided by this Agreement or by Florida law. 9.16 COOPERATION 11 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifICally agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 69Odd-3 and 29Oee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS 12 COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, sOlicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY 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 CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shan not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any publiC agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES 13 Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the pefformance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 A TTESTA TIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 14 ,-,. 2005 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements " It is requested tbat the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Muller and Associates, Inc. Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: '----"' Policies Waiver will apply to: Signature of Contractor: Risk Management Date County Administrator appeal: Date: Consulting Services 3808 Sally Lane Tallahassee, FL 32312 Consultant - Land Acquistion and Management Plan Exempt Worker's Compensation Approved Not Approved Approved: Not Approved: _..~rr- . Board of County Commissioners appeal: Meeting Date: '- Administration Instruction #4709.6 Approved: Not Approved: 104 200S Edition MONROE COUNTY, FLORIDA --" Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Muller and Associates. Inc. Contract for: Consulting Services Address of Contractor: 1808 ~ally T.ane T::Il1::1h::lC::cu"p. FT "l?"l17 Phone: Scope of Work: Consultant - Land Acquistion and Management Plan Reason for Waiver: Non Applicable for this contract -,' Policies Waiver will apply to: Professional I-iability Tn9nT::In("p Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: _,-4r. Approved: Not Approved: Meeting Date: Administration Instruction #4709.6 104 r 2. b ' \ S :;; ." ; ".....,- i' !.,.".... ;. K [Lt .k , , ;J, ,.. L...." NUIIiIBEl!t ONE AN RV'$ 6130 Lazy" OaysB.I\fd. Seffner, FL 33584 Phone800~26~7800 Fax a13-246~ DATE: INVOiCE '# FOR: 02JC4!06 'I Trailer Reallocation But To: Monroe County Board of Commisioljers I 100 Simonton S1. 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