CY1999 01/14/1999
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BRANCH OFFICE
3117 OVERSEAS mGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
PAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS mGliW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: James Roberts
County Administrator
Attention: Debbie Frederick, Aide to County Administrator
FROM:
Ruth Ann Jantzen
Deputy Clerk
~.
DATE:
March 8, 1999
At the January 14, 1999 County Commi~~ion Meeting, the Board granted
approval and authorized execution of a Contract between Monroe County and
Commonwealth Consulting Corporation for consulting services.
Enclosed please fmd a fully executed duplicate original of the above
contract for return to Commonwealth Consulting Corporation.
If you have any questions regarding the above, please do not hesitate to contact
this offICe.
cc: County Attorney
Fmance
File
CONSULTING AGREEMENT
This Agreement is entered into this JJ-/1:/v day of January, 1999, by and between
Monroe County (County). a political subdivision of the State of Florida, and
Commonwealth Consulting Corporation (Consultant). The parties agree as follows:
1. SCOPE OF CONTRACT: Consultant will assist County providing
government relations, planning and public relations support with respe t~m:ier~
relating to the Department of Defense, including base closure, base re-u~'r-"'_ d ~he::;;
matters; wastewater and other environmental issues; and other matters as dm~ 'n,t:R b\~
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the County. C?~. co 0
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In performing this Agreement. Consultant shall comply will all applicab~~s, ~ ;g
regulations, and policies of the United States of America or any juris~ti~ 'il'er
Consultant's services are to be performed and shall save County I'fcirm~ssCJffo~
Consultant's failure to do so.
2. TERMS: This Agreement is intended to be for a period of one year,
commencing on January 1. 1999 and ending on December 31. 1999. At the end of this
period, County shall have the option to extend the Agreement. subject to a renegotiation
of terms. During the course of this Agreement. should either party seek to terminate this
Agreement. it shall so state, in writing. Termination shall be effective 60 days after receipt
of said written notice of termination.
3. FEES: As it is anticipated that the level of effort necessary to perform this
Agreement will vary depending on the County's requested services, a two-tiered fee
structure will apply. Progression from Tier 1 to Tier 2 will occur only upon mutual
agreement of County and the Consultant:
Tier 1 - Preliminary efforts of the Consultant on behalf of County may require
only monitoring and liaison with the Executive and Legislative branches of the
federal government. In return for the performance of Tier 1 services, County
agrees to compensate Consultant $1,200 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 sustai~d reff<Xb o~
various issues will be necessary. Should County elect to progress to a~~~ le~1 qf:::
performance, County agrees to compensate Consultant $6,00P:~ ~nt@
payable monthly in arrears. Payment shall be made by check in U. S~rrars.~ .."
~ :::O':l!:: 52
~. Co .1::1. -v
In addition to such fees, County shall reimburse the Consultant's expens~~ tr~1 ~
the extent allowed by Sec. 112.061, F .5.). courier, long distance telep~~Pri~n99Dr
unusual expenses incurred in connection with the provision of ser\7lces1'7lu~r ~is
Agreement. It is anticipated that Consultant will be required to travel to Monroe Co~ty
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
Beach Mill Road 9507
Great Falls, VA 22066
To County
County Administrator
Public Service Building, Room 212
5100 College Road
Key West, FI 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.
~~
"
.l
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By-R~~~~ .
epu Cler
By
~"r"~~O--- ":-~",,,,---1\~ ~
Mayor/Chairman
(Corporate Seal)
Attest:
COMMONWEALTH CONSULTING CORP.
BY~ JIbL~
- Chnst pher M. Lehman, President
jconiiiccc3
I -20-1 S)S:19 4: 46AI.l
.FROll
rJ r)
1'"' . '-
1996 Edition
MONROE COUNTY, FLORIDA
RECE'VEO
Request For Waiver
of
IusuranC!e Requirements
JAN 2 5 1999
L Tn~T~R
, rf"lll~.'TV ~N.~lNl~' .~
It is requested that the insurance requirements. 1$ 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
9507 Beach Mill Road
Great FAlls, VA 22066
703-524-0026
Government Relations, planning, and public relations
Contractor holds comparable insurance coverage
specifically designed for professional service firms.
waive county's specific requirements and accept in
lieu thereof contractor's existing insurance pOlicies.
(~~~
AT5i:V,ed I-. ~. NotAwoved
-------'~ ~~.~ : ~ .
/1 9__
Approved:
Not Approved:
Board of COUDty Commissioners appeal:
Meeting Date:
Administration Instruction
#4109.2
Approved:
Not Approved:
103
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Consultant shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Consultant will ensure that the insurance obtained will extend protection to all Subconsultants
engaged by the Consultant. As an alternative, the Consultant may require all Subconsultants to
obtain insurance consistent with the attached schedules.
The Consultant will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Consultant to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Consultant's failure to provide satisfactory evidence.
The Consultant shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Consultant to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Consultant's failure to maintain the required insurance.
The Consultant shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
· A Certified copy ofthe actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving
the Consultant from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction
#4709.3
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.3
15
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Consultant 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 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.
GLl
Administration Instruction
#4709.3
54
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the 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, Non-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.
VLl
Administration Instruction
#4709.3
81
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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.
Ifthe 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 oflnsurance will be required.
In addition, the Consultant may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709.3
88
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 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
PROl
Administration Instruction
#4709.3
77
I .
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
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 or omission of The Consultant or its
Subconsultants 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.
TCS
Administration Instruction
#4709.3
97