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CY2002 12/19/2001 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 28,2002 TO: James Roberts County Administrator FROM: Debbie Frederick, Aide to County Administrator Pamela G. Hanc~ Deputy Clerk 0 ATTN: At the December 19, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services, commencing January 1,2002 and ending on December 31,2002. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanye Filel CONSULTING AGREEMENT This Agreement is entered into this 19th day of December 209l>y and between Monroe County (County), a political subdivision of the State of Florida, and Commonwealth Consulting Corporation (Consultant). The parties agree as follows: I. SCOPE OF CONTRACT: Consultant will assist County by providing government relations, planning and public relations support with respect to matters relating to the Department of Defense, including base closure, base re-use, and other matters; wastewater and other environmental issues; and other matters as determined by the County. In performing this Agreement, Consultant shall comply with all applicable laws, rules, regulations, and policies of the United States of America or any jurisdiction where Consultant's services are to be performed and shall save County harmless from Consultant's failure to do so. 2. TERMS: This Agreement is intended to be for a period of one year, commencing on January I, 2002 and ending on December 31, 2002. At the end of this period, County shall have the option to extend the Agreement, subject to a renegotiation of terms. During the course of this Agreement, should either party seek to terminate this Agreement, it shall so state, in writing. Termination shall be effective 60 days after receipt of said written notice of termination. 3. FEES: As it is anticipated that the level of effort necessary to perform this Agreement will vary depending on the County's requested services, a two-tiered fee structure will apply. Progression from Tier I to Tier 2 will occur only upon mutual agreement of County and the Consultant: Tier I - 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 I 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. c~~~ Christopher M. Lehman, President Further, Consultant understands and agrees that ifthis 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 t\:li;; Agreement must be in a court of competent jurisdiction located in Monroe CountYlFI@ida~ x :r:-.' c..- b) Notice: All notices provided for herein shall be sent by certified m~~sta~ prepaid, and addressed as follows: n' r- ~ on- ...... C::;o~ To COUNTY ~. ~ ~ . . -<~::J: _ County AdmInIstrator :". l> -:: The Historic Gato Cigar FactoljY ~ .e- 1100 Simonton Street c:> Key West, FL 33040 To CONSULTANT Commonwealth Consulting Corporation 9507 Beach Mill Road Great Falls, VA 22066 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. ITNESS WHEREOF, the parties hereto have set their hands and seals on the day bove written. BOARD OF 0 OF MONROE TY COMMISSIONERS TY, FLORIDA By Deputy Clerk Mayor/ Chairman (Corporate Seal) Attest: COMMONWEALTH CONSULTING CORP. ., ;} ii' /1 By '~4 i ~LiAJ,-.. t Il- ,J- By Secretary! Treasurer BY .." - I ('T1 C) "'T'l o ::0 ::0 rn ("") o ::0 C) . . . ~i" It" Ii.dIIDa MONROE COUNTY, J'LORIDA Request.Par Waiver of lDmraDat Beqairemads It is rcqaesIIld tbIIl tile iu-...ca &~"IlI..-...I~ u sper-fAI!d in die CoaDIY's ~nlA oflDlanau:e R.c:qujnmc:IIb. be waived armodlRf!!d aD die &IIawIaa' "IIIT"Ir~ .' Caa1rIct far: Commonwealth Consulting c~~poration Consulting Services . ComraI:UIr: Addras ofCaldraclDr. 9507 Beach Mill Road .Great Palls, VA 22066 PhaDe: 7n~-1'\?4_nn?~ Scope oCWarIc Government Relations. nlanninQ. Rnd pUblic relations. Rason Cor WaiYcr: Contractor holds comDarabl@ ins~ranc@ covprRge specifically desiqned for Drof@ssional s@rvice firms. Waive.Countv'. soecific reauirem@nts and accept in lieu thereof contractor's existina insuranc@ policies. ~..~~ ,."".;;; V NatAPI"<>'H4 CA. U~ v~--h.cI'l' l~Oc...... .. .. Polidcs Waiva' wm apply to: SipilUle oCComrII:Iar: ...~ J.... - ~;:\~~ RIsk MaDapmeat Dale CouDIy A....."'i_I.... appeal: Appacmd: Not Al'l'lvw'ed: Dale: BomloCCouDtyo--o~~ AwavNlt Not AI'JM4)v.ect M~D-= ,.......I"I,.d..11oP IaIInIcdaD M1O!J.2 - 103 Jan-2B-02 10:07A R;sk Management 305 295 4364 P.02 1996 Editiort 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 EmpLoyersl Liability Insurance with limits of not less th:m: $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 endre 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 Contractor's Excess Insurance Program. If the Contractor participates in a self-msurance fWld, 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. wet Adm inistration Instruction #4709,2 88 Jan-2B-02 10:07A R;sk Management 305 295 4364 P.03 1996 Edition GENERAL LiABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work govemed by this contract, the Contractor shall 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 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 rOf 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 oftwetve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional lnsured on all policies issued to satisfy the above requirements. GLl Administration Il1strudie.1n #4709_2 54 Jan-2B-02 10:07A Risk Management 305 295 4364 P.04 1996 Edition VEHICLE LIABILITY INSURANCE REQtfiREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be 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~OOO 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. . VLl A.dministration Instruction #'H09.2 81 Jan-2B-02 10:07A R;sk Management 30S 29S 4364 P.OS 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a 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 performance 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 Occurrence/SSOO,OOO Aggregate . PROl Administration Instruction #4109,2 71