Item G16 G.16
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: G.16
Agenda Item Summary #12051
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 am
AGENDA ITEM WORDING: Approval of a Contract with Scull and Scull, P.A. for professional
consulting services including acquisition and contractual work on behalf of the Land Authority from
May 18, 2023 through May 17, 2024, not to exceed $130,000 annually, with two one year options
for renewal.
ITEM BACKGROUND: The Land Authority is in need of resources to further support the
objectives of purchasing land within the County for conservation, density reduction, less than fee,
recreation, and affordable housing.
This is a one-year contract with Paunece Scull, who previously worked for the County Attorney's
office purchasing land for density reduction and less than fee. She also handled resales in the Duck
Key Community. This work is highly specialized, and this contract will allow her to work for the
Authority for approximately 25 hours per week, at $100/hour, negotiating real estate contracts on
behalf of the Land Authority. She will also focus on increasing the amount of property the Land
Authority is pre-acquiring for resale to the Department of Environmental Protection.
• Contract Amount: $130,000
• Source of Funds: Unrestricted funds
• Revenue Producing: Approximately $lmillion - $2million in potential resales
If successful and the Florida Forever Program continues to be available for resales, the contract is
renewable for two additional one-year terms by the Executive Director.
Ms. Scull will not be a County Employee and therefore no benefits will be received.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Yes
Packet Pg. 1424
G.16
STAFF RECOMMENDATION:
DOCUMENTATION:
MCLA Scull Paunece Contract for Professional Services FINAL
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: Unrestricted Funds
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
If applicable,please type in "None" or "N/A"; OR, if costs are associated with this item, check
the 'Budget Affected" box below and complete the funding source box for our Budget office.
For each funding source, select the cost center from the drop down list in the "Source" column
and enter the amount(do not insert$ sign). If the cost center is not known or not yet created,
select"NEW COST CENTER ADDED" from the drop down list. PLEASE REMEMBER TO
DELETE THESE INSTRUCTIONS PRIOR TO SAVING/SUBMITTING.
REVIEWED BY:
Christine Hurley Completed 05/02/2023 1:56 PM
Dina Gambuzza Completed 05/02/2023 2:53 PM
Lindsey Ballard Completed 05/02/2023 3:02 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
Packet Pg. 1425
G.16.a
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
CONTRACT FOR
PROPERTY ACQUISITION SPECIALIST PROFESSIONAL SUPPORT
SERVICES
75
THIS AGREEMENT ("Agreement) is made and entered into this day
of 2023 by and between MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY ("MCLA"), a land authority under section 380.0663(1),
Florida Statutes and Monroe County Ordinance Number 031-1986, whose
address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 and Scull &
Scull, P.A. ("Contractor"), whose address is 302 Southard Street, Suite 105, Key
West, Florida 33040 (collectively, "the parties"). c0
WHEREAS, MCLA has certain objectives as directed and established by the
Governing Board, and which are consistent with, and supportive of the Local laws
governing work performed under this Contract; and c0
WHEREAS, it has been determined that this Contractor can fulfill these objectives
as a provider of professional services; and
U)
0
WHEREAS, Contractor desires to provide such services.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
Section 1. SCOPE OF SERVICES
Contractor shall perform, and carry out certain duties as described, as well 0
as other agreed upon services as needed:
1. Provides technical support to the MCLA Executive Director in the formulation U
of land management and acquisition policies to be recommended to the Board.
2. Assists in the evaluation and selection of potential properties for purchase by
the MCLA or by Monroe County for conservation, density reduction, less than
fee, recreation, or other purposes as assigned. �-
3. Researches and evaluates the characteristics of specific properties, such as
property title, development potential, environmental sensitivity, vulnerability to
sea level rise, connectivity to public lands, assessed values, and applicable U
market sales data. Performs property inspections. ..
4. Obtains and analyzes real estate appraisals and environmental audits.
5. Prepares contracts for purchase and sale of real property interests.
6. Develops acquisition and negotiation strategies, makes purchase offers, and
negotiates real estate contracts on behalf of the MCLA and County. °
7. Prepares agenda items for MCLA Advisory Committee and Governing Board
meetings.
8. Coordinates land acquisition issues with MCLA and County staff, US Fish and
1
Packet Pg. 1426
G.16.a
Wildlife Service, Florida Fish and Wildlife Commission, Florida Department of
Environmental Protection, and other public and private agencies as
appropriate.
9. Attends meetings as required.
75
Section 2. TERM OF AGREEMENT
c�
The Agreement will begin on May 18, 2023 and will continue for a period of one (1)
year concluding on May 17, 2024, unless terminated in accordance with Section 8,
below. The term of this Contract shall be renewable for two additional periods of
up to one (1) year with the same terms. Renewal is subject to satisfactory
performance by Contractor and the availability of MCLA funds. Renewals may be 0
U
made by the MCLA Executive Director. This Agreement is subject to annual
appropriation by the MCLA.
U)
a
Section 3. COMPENSATION 0
U
Compensation to the Contractor will be as follows: The MCLA, in consideration of
the Contractor substantially and satisfactorily performing and carrying out the
objectives and duties herein, of the MCLA, in providing professional support
services shall pay the Contractor:
1. $100 per hour, for approximately 25 hours per week, based on invoices
submitted by Contractor to the MCLA in an amount not to exceed $130,000
annually to-
0
1200 Truman Avenue #207, Key West, Florida 33040 CL
Or by email to: Iyiillmm 'Ilmii ° 2 �y' I� IL ty.
c�
2. $1800 per meeting/per day for approved travel outside of the City of Key West
limits, with advanced approval of travel by Executive Director. The total U
meeting/per day limit set forth in this paragraph shall be inclusive of all hours
incurred in a day where travel outside of the City of Key West limits is incurred.
The MCLA shall provide a laptop computer and County cell phone for use by
Contractor for MCLA business. This laptop will have access to the County servers
and files of the MCLA.
U
By entering into this Agreement, the Contractor warrants that It understands that
the Compensation for all services under this Agreement is included in this section
(Section 3). There will be no payment for any additional expenses, including but not
limited to facsimile, mileage, per diems, or any other travel expenses. No Florida
Retirement System, health insurance, life insurance, Employee Assistance
Program, Annual, or Sick leave shall be paid.
2
Packet Pg. 1427
G.16.a
Section 4. PAYMENT TO CONTRACTOR
1. Payment will be made on a monthly basis, according to the Florida Local
Government Prompt Payment Act, Section 218.70, Florida Statutes, following
presentation of an invoice in a form satisfactory to the Executive Director of the
MCLA. The invoice submitted by the Contractor shall include the Days of the
Week worked, number of hours per day, and a brief summary of the activities
the Contractor completed, including program names and property addresses.
The request for payment must describe in detail the services performed and the
payment amount requested.
2. Continuation of this Agreement is contingent upon annual appropriation by the
MCLA.
3. The Contractor will submit such Invoice monthly for services provided during U
the preceding month.
4. If there are reimbursable items (i.e. lump sum travel), that shall be itemized on
the invoice with a description of the required travel, purpose and location, as c0
well as hours away from Key West. U
5. After the MCLA examines and approves the request for payment, the MCLA
shall reimburse the Consultant by direct deposit or wire.
U)
0
Section 5. INDEPENDENT CONTRACTOR
At all times and for all purposes, the Contractor, its agents and employees are
considered to be independent Contractors in their performance of the work
contemplated hereunder. As such, the Contractor, its agents and employees shall U)
not be entitled to any of the benefits, rights or privileges of MCLA employees.
Employees of the Contractor shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be
provided. The Contractor shall provide insurance, any benefits as desired, and
shall be responsible for all tax withholding.
0
U
Section 6. CONTRACT TERMINATION
Either party may terminate this Agreement with 30 days written notice to the other
party.
Section 7. RECORDS
U
Contractor shall maintain all books, records, and documents directly pertinent to ..
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during
the term of the agreement and for four years following the termination of this
Agreement. If an auditor employed by the MCLA or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not
3
Packet Pg. 1428
G.16.a
authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to Section 55.03 of the Florida Statutes, running from
the date the monies were paid to Contractor.
Florida Statutes Section 119.0701: 75
U
Contractor will:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and c0
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law. U)
C
0
U
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
U)
0
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems
of the public agency.
0
Section 8. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws U
of the State of Florida applicable to Agreements 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, the MCLA and Contractor
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. U
Section 9. 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
4
Packet Pg. 1429
G.16.a
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original Intent of this
Agreement. The MCLA and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to 75
the intent of the stricken provision.
c�
Section 10. ATTORNEY'S FEES AND COSTS
The MCLA and Contractor 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 0
entitled to reasonable attorney's fees, and court costs, as an award against the
non-prevailing party.
U)
Section 11. BINDING EFFECT c0
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the MCLA and Contractor and their respective legal
representatives, successors, and assigns.
Section 12. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary MCLA
and corporate action, as required by law.
0
Section 13. COOPERATION
c�
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, U
MCLA and Contractor 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. The MCLA and Contractor specifically agree that no party to this �-
Agreement shall be required to enter into any arbitration proceedings related to
this Agreement.
U
Section 14. NONDISCRIMINATION
The MCLA and Contractor 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. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
5
Packet Pg. 1430
G.16.a
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on
the basis of race, color, 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 29-255), 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 c0
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3) as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC
ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or c0
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. U
1201), as may be 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; and 11) .
any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
Section 15. CODE OF ETHICS
0
The MCLA and Contractor both understand and agree that officers and
employees of the MCLA are 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, 0
U
conflicting employment or contractual relationship; and disclosure or use of
certain information.
Section 16. NO SOLICITATION/PAYMENT
c�
The MCLA and Contractor warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee U
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 Contractor agrees
that the MCLA 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.
6
Packet Pg. 1431
G.16.a
Section 17. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the MCLA and the Contractor In this Agreement and the acquisition of any 75
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any Agreement entered into
by the MCLA be required to contain any provision for waiver.
c�
Section 18. PRIVILEGES AND IMMUNITIES
0
All of the privileges and immunities from liability, exemptions from laws,
U
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 MCLA, when performing their respective c0
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.
2.1
Section 19. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of 0
actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. 0
Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the MCLA, except to the
extent permitted by the Florida constitution, state statute, and case law. U
c�
Section 20. 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 MCLA and
the Contractor agree that neither the MCLA nor the Contractor or any agent, U
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. °
7
Packet Pg. 1432
G.16.a
Section 21. 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 MCLA in his or her
individual capacity, and no member, officer, agent or employee of MCLA shall be 75
liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 22. INSURANCE POLICIES
c�
As a pre-requisite of the work governed, the Contractor shall obtain, at his/her
own expense, insurance as follows within 10 days following execution of this c0
agreement:
General Liability of $300,000 Combined Single Limit and
Vehicle Liability of $200,000/$300,000 c0
Professional Liability of $100,000 Per Claim/$300,000 Annual Aggregate
The Contractor shall provide, to the MCLA, as satisfactory evidence of the
required insurance, either:
2
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
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 MCLA by the insurer. 0
c�
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed U
under this contract or imposed by law.
The MCLA Commissioners, its employees and officials will be included as
"Additional Insured" on general liability and vehicle liability policies.
c�
Section 23. INDEMNIFICATION
U
The Contractor does hereby consent and agree to indemnify and hold harmless
the MCLA, its Board, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations,
attorneys fees, or liability of any kind arising out of the sole negligent actions of
the Contractor or substantial and unnecessary delay caused by the willful
nonperformance of the Contractor and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out
of its performance of this contract. The amount and type of insurance coverage
8
Packet Pg. 1433
G.16.a
requirements set forth hereunder shall in no way be construed as limiting the
scope of indemnity set forth in this paragraph. Further the Contractor agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent
act of the Contractor.
75
At all times and for all purposes hereunder, the Contractor is an independent
contractor and not an employee of the MCLA. No statement contained in this
agreement shall be construed so as to find the Contractor or any of his/her
employees, contractors, servants or agents to be employees of the MCLA for
Monroe County. As an independent contractor the Contractor shall provide
independent, professional judgment and comply with all federal, state, and local
statutes, ordinances, rules and regulations applicable to the services to be c0
provided.
Section 24. ASSIGNMENT. U)
a
0
No assignment of this contract is permitted. U
Section 25. SERVICES.
U)
0
When the Contractor's services are needed in the MCLA office, the Contractor shall
have a work spot in Key West.
Section 26. NOTICES.
U)
U)
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following: 0
c�
FOR MCLA-
0
U
Monroe County Comprehensive Plan Land Authority
Executive Director
1200 Truman Avenue, Suite 207
Key West, FL 33040
c�
FOR CONTRACTOR:
U
Scull & Scull, P.A. ..
Paunece Scull
302 Southard Street, Suite 105
Key West, FL 33040
9
Packet Pg. 1434
G.16.a
Section 27. Entire Agreement
This agreement constitutes the entire agreement between the MCLA and Contractor
for the services contemplated herein. Any amendments or revisions to this
agreement must be in writing and be executed in the same manner as this
agreement.
Renewals may be executed by the Executive Director.
c�
IN WITNESS WHEREOF, the parties hereto have set their signature the date first
above written.
U
Attest: Monroe County Land Authority
0
U
By: By:
Christine Hurley, Executive Director David P. Rice, Chairman
U)
0
2
Scull & Scull, P.A.
Approved as to form and legality By:
Paunece Scull
0
0
Gregory Oropeza, Esquire
0
U
U
21
Packet Pg. 1435