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CY2003 12/18/2002 Clerk of 11Ie Cimul coun Danny L. Kolhage Phone: 305-292-3550 Fax: 305-295-3663 MemnrandJJJn To: James Roberts, County Administrator Isabel C. DeSantis, .. L Deputy Clerk JPf From: Date: Tuesday, January 14, 2003 ~----------------------------------~~~~~~~~~~~~~~~~~~~~ At the BOCC Meeting on December 18, 2002, the Board granted approval and authorized execution of a Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services. Attached hereto is a fully-executed duplicate original of the sUbject document for your handling. Copies: Finance County Attorney File ./ F\LEO FOR RECORO 1~n3 JM~ \ 4 ~l'\ <3: 01 '\")'.: L, ;\OlHAGE L/"I,l'Li\ C,R.Cl , COLf-OmilY, FLA. ~ I-'\OHR ThIS Agreement is entered into this .10 n 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: CONSULTING AGREEMENT 1. SCOPE OF CONTRACT: Consultant will assist County by providing goven'lment 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 ofthe 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 ofthis 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. 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 ye0at~rK:;S~~' written. ~'''''' ,4".'_ r';-- =6~) (',J' /~-,.---......:, '1") ;.-.\,~, ~?~/-"'- ""'" / f",}> \ \.-..-.::::~ ' '" "":.-\'\. "u'" /-: '/1" ".. "', '/ ') C /'~\' J ro ~. ",'..' Ii ;;;.~. ",f<:> .l;~:" '\' (~ ') ':r,"l"',~,"~ <', .' ,J:;::('-'" "I, ,,,. r '. ,'...\", <(... ~~~!~~... ,L.~()LHAGE, CLERK \, ~n,." ... ". '.. ,',', B;~k()"~"~ BOARD OF OCUNTY COMMISSIONERS OF MONRO~ <;0);;' FL9RI~A. J By L)/~ . ~ ..~ ;;.-: :.:::, '-~"~~-:\ Mayor/ Chairman Deputy Clerk (Corporate Seal) Attest: COMMONWEALTH CONSULTING CORP. By ~_tl~ By C-~~~ Secretary/ Treasurer Christopher M. Lehman, President Dee as 02 11:57a Jame~ L Rob~rt5 Co Admin 305-292-4544 p.2 1 ;196 Editioo MONROE COUNTY, FLORIDA Request ForWlliver 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: 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: Commonwealth Consulting Corporation Consulting Services 1300 N. ~~nt Street Arlinqton, VA 22209 (703) 524-0026 Gover~~ent Relations, plannin~. and public relations. Contractor holds comparable insurance coverage ~~c1fically designed for professional.service firms. lJatN:6 County's specific requirements sud accel!-t.. in 11.u th.~.Of contractor'. .~anc. pol1cl... c~y~----- Approve. T ~ ~ot Approved - - _-l~:-(~:oa- _ Approved: Not Approved: Board of County Commissioners appeal: Meeting Date: AdministnLtion Instruction #47093 Approved: __ Not Approved: 102 , .~' ;'., e;., ~~~'~~:;- P.02 Jan-2S-02 10:07A Risk Managsmsnt , \ 306 296 4364 1996 Edidnn 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, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: S100,OOO 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 Contractor has been approved by the Florida's Department of Labor, as an authorized self. insurer, the County shall recognize 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 Contractors 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 ministralion InSINction '09.2 88 ., Ja"T1-2S-02 lO:07A Risk ManagcnnQnt -4~'-.' .... 'l"IL.. ;...~.;,o:._.'\'.:.' " .:.--' ~~--;H;..'.~.."-<:);)S'~'..:.~~:--. . . 305 295 4364 p . 03 - 1996 Edition GENERAL LtABILlTY INSURANCE REQUIREMENTS FOR CONTRACf BETWEEN MONROE COUNTYt FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shan obtain 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 arc provided, the minimum limits acceptable shall be: $100,000 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 fOf claims filed on or after the effective date of this contract. Tn 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. GLl Adminisb'alion Instruclinn 1#4709.2 54 Jan-2S-02 lO:07A Risk ManagamQnt 305 295 4364 P.04 1996 Edition VEHICLE LIABILITY INSURANCE REQUiREMENTS . FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use ofvehicles~ the Contractor, prior to the commencemcnt of work., shall obtain Vehicle Liability Insurance. Coverage shall bc maintained throughout the life of the contract and include, as a minimum, liability coverage for. · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: \. $100,000 Combined Single Limit (CSt) If split limits arc provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per OccUlTCnce $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issucd to satisfy the above requirements. II VLl Admlnistrlltion InstrUction #14709.2 81 ~ '~an-2S-02 lO:07A R;sk Management 305 295 4364 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND " P.05 Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional 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 perfonnance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per OccWTence/S500,OOO Aggregate . PROl Administratiun Instruction #4709.2 77