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10/13/2023 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT WS COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under Kurt.Spitzer &Aaaociatea contract# Effective Date: 10/f3/2 Expiration Date: I0/13/25 Contract Purpose/Description: Assistance with.Monroe County;Charter Study,including but not limited to services,relating to the Charter review,development,and potential implementation-, Charter time Iine, charter draft language ballot language,charter recommendations, Charter Final Report,and other Cervices relating to Charter development. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Abra Campo 3471 County Attorney/Stipp 7 CONTRACT COSTS Total Dollar Value of Contract: $ up to 100K Current Year Portion: $ 20�0'0 J (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gos�fl cuwuk e�m,auw c E'd00,000 00 or Budgeted? Yes❑■ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 001-00101-6�03,10-04032 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: No. (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Robert B. Shillinger County Attorney Signature: Robert B. Shillinger Risk Management Signature: lbr- Purchasing Signature: Lisa Abreu Digitally 2310signe 2Y Lisa A4-0 Dace:zoz31 a1 z 1 a za oa-oa oo �}.� John Quinn Digitally signed by John oulnn OMB ) Signature: Date:2023.1 a 12 15 43 zs-oa•oo• Comments: Revised BOCC 4/19/2023 Page 84 of 105 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT ("Agreement") is made as of thisqj day of October 2023, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Kurt Spitzer and Associates, Inc. ("CONSULTANT") whose mailing address is 5744 Braveheart Way, Tallahassee, FL 32317 for consulting services. WHEREAS, CONSULTANT incorporated in 1989 and is a consulting firm that focuses on services for Florida local governments; and WHEREAS, CONSULTANT has served various counties regarding their county charters; and WHEREAS, COUNTY desires to engage CONSULTANT to assist with its review and possible implementation of a County Charter; and WHEREAS, CONSULTANT desires to render these services as described and as set forth in more detail in Attachment A-Proposal for Services- Monroe County Charter Study; NOW,THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants contained herein, agree as follows: 1. SCOPE, OF SERVICES CONSULTANT will provide such document preparation, consultations, work product and advice as may be requested by the County Administrator or his designee and/or the County Attorney or his designee on behalf of COUNTY, in the following subject matter area: Monroe County Charter Study, including but not limited to services relating to the Charter review, development and potential implementation, Charter timeline, Charter draft language, Charter ballot language, Charter recommendations, Charter Final Report and other services, relating to Charter services and Charter development as set forth in more detail in Attachment A- Example Services. 2. COMPENSATION/FEES Compen3ation/Fee,s for CONSULTANT'S Services under this Agreement shall be at the rate of Two Hundred and Eighty-five dollars and zero cents ($285.00) per hour. Direct expenses relating to performance of the Scope of Services is not anticipated. In the event that overnight travel is required for in-person attendance at meetings, the Consultant will bill the County at a flat rate of$4,0010 per meeting, which will be inclusive 1 of all travel, lodging and out-of-pocket expenses. Attendance for in-person meetings must first be approved by the County Attorney. The number of hours required to perform services may vary depending upon the scope of work. The total amount of compensation under this Agreement shall not exceed One Hundred thousand and zero cents ($100,000.00) without the written approval of the Monroe County Board of County Commissioners. 3. PAYMENT AND BILLING Payments will be made upon submission of an invoice on a monthly basis, in arrears and in accordance with the Local Government Prompt Payment Act. All billing shall be done in .10 hour increments. Each invoice shall state the amount of time expended on the matter on a daily basis, with a short description of the work performed for that billing entry. Each invoice will be submitted with supporting documentation in a form acceptable to the Clerk of Courts, based on generally accepted accounting principles, and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The CONSULTANT will bill the County only for time reasonably and necessarily incurred to render professional services on the County's behalf in accordance with this Agreement. Time attributable to resolving billing questions is not billable 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. If the CONSULTANT'S duties, obligations and responsibilities are materially changed by written amendment to this Agreement after execution of this Agreement, the Agreement shall be amended in a writing signed by both parties. 4. PERIOD OF SERVICE This Agreement shall become effective upon execution by the parties and shall continue in effect for two (2)years or until the completion of services as requested. This Agreement may be modified or extended only in writing. Any extension hereof may be subject to such changes in terms as the parties agree. 5. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS COUNTY and CONSULTANT acknowledge that COUNTY does not waive immunity nor does COUNTY agree to hold the CONSULTANT harmless; 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 2 shall 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. 6. CONTROLLING LAW This Agreement is to be governed by the law of the State of Florida. In the event of any proceedings to resolve any issues arising out this Agreement, venue shall be in Monroe County. 7. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 8. 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. RELATIONSHIP OF THE PARTIES The parties agree that the relationship between the CONSULTANT and the COUNTY is one of an independent contractor and not an employee, common law or otherwise. The parties agree that this is not an exclusive arrangement, and CONSULTANT is free to enter into other agreements with other persons or entities for the delivery of the same services. 10.NON-ASSIGNMENT This Agreement is personal to the CONSULTANT. As a result, this Agreement cannot be assigned or sub-contracted without the express written permission of the County Attorney or his designee. 11.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 County and corporate action, as required by law. 12.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 the issue or issues are still not resolved to the satisfaction of the parties, 3 then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 13.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. 14.FLORIDA CODE OF ETHICS 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. 15.STANDARD OF CARE The CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by professional consultants under similar circumstances and the CONSULTANT shall, at no additional cost to the COUNTY, re-perform services which fail to satisfy the foregoing standard of care. 16.COMPLIANCE WITH LAWS In performance of the Services, the CONSULTANT will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. 17.INSURANCE During the performance of the Services under this Agreement, the CONSULTANT shall maintain Professional Liability Insurance, which shall be written by an insurance company authorized to do business in Florida. This insurance shall provide coverage against such liability resulting from this Contract. The minimum limits of coverage shall be $300,000 per claim and $500,000 aggregate. Certificates of insurance showing coverage in the amounts shown above is in force shall be submitted at the time of initial execution of the Agreement by both parties. The CONSULTANT shall maintain coverage in force at all times. Thereafter, the CONSULTANT shall supply new certificates of insurance, showing coverage in force, whenever the policy lapses or is replaced by another policy. 18.MODIFICATION and TERMINATION OF AGREEMENT 4 Any modification or amendment to this Agreement requires the prior express written consent of both parties. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. Upon termination, the CONSULTANT agrees to return copies of all documents in its possession of any nature related to the CONSULTANT's representation of the County that have not previously been provided to the County. 19.UNCONTROLLABLE CIRCUMSTANCES Neither the COUNTY nor the CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Circumstances" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions (unless such governmental action is the nonpayment of legal fees). Neither party shall, however, be excused from performance if nonperformance is due to circumstances which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. CONSULTANT shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONSULTANT shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The CONSULTANT may only seek a no cost extension for such reasonable time as the County Administrator or his designee may determine. 20.DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall be entitled to recover reasonable expenses, including attorney's fees and costs. 21.NOTICE Any notice required to be given under this Agreement shall be in writing and delivered via email or by certified mail, return receipt requested, to the other party as follows: 5 For Monroe County: For the CONSULTANT: Robert B. Shillinger, Esq. Kurt Spitzer Monroe County Attorney Kurt Spitzer and Associates, Inc. i in e - o _ on oeCo n y-FL.Gov u .S itzer KSAne .net 1111 12t" St. Suite 408 www.KSAnet.net Key West, FL 33040 Tel.:(850)228-6212 Tel.: (305) 292-3470 22.RECORDS The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. If an auditor employed by the County or the Clerk of Courts determines that monies paid to the CONSULTANT were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to the CONSULTANT. 23.FLORIDA PUBLIC RECORDS LAW CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. In accordance with F.S. 119.0701, the CONSULTANT shall: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for 6 the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. A contractor who fails to provide public records to Monroe County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records except as provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: BRIAN BRADLEY, C/O MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST FL 33040, bradley-briankm - , (305) 292-3470. 24.MISCELLANEOUS 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 and 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 I 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 disabilities; 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. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, 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. E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 No Solicitation / No Payment: The CONTRACTOR 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 CONTRACTOR 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. COUNTY FORMS. By signing this Agreement, CONSULTANT has sworn or affirmed to the following requirements: Public Entity Crime Statement 8 The CONSULTANT certifies and agrees that CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last 36. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 a 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. 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, CONSULTANT or subcontractor 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 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 subcontractor 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 CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Ethics Clause By signing this Agreement, the CONSULTANT warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, 9 in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS CONSULTANT agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of CONSULTANT, I hereby certify that the company identified above as "CONSULTANT" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: httr)://www.dms.mvflorida.com/business ® eratic s/state purchasing/vendor informa tion/convicted sus ended discriminatory complaints vendor lists Non-Collusion Affidavit CONSULTANT by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONSULTANT, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this 10 bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. IN WITNESS WHEREOF, the COUNTY and the CONSULTANT have executed this Agreement as of the day and year first above written. CONSULTANT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: BY: 10.13.2023 koman asitesi, County Administrator MONROE COUNTY ATTORNEY'S OFFICE Approved for form and legal sufficiency Digitally signed by Robert B.Shillinger DN: n-Robert B.Shillinger, —Monroe County ICCC, Robert B. Shillinger ou—Monroe County Attorney,email—shillinger- bob@monroecounty-fl.gov,c—US Date:2023.10.11 10:30:05-04'00' Robert Shillinger, County Attorney Attachment A- Proposal 12 Attachment A u �uuioV �mm. Via Electronic Mail July 14, 2023 Monroe County Board of County Commissioners ATTN: Bob Shillinger, County Attorney I I 1112th Street Suite 408 Key West, FL 33040 RE: Proposal for Services - Monroe County Charter Study Dear Mr. Shillinger: The purpose of this letter is to outline a potential list of services that could be provided to you and the Monroe County Commission as the County considers placing the question of a County Charter on the November 2024 ballot. Oualifications Incorporated in 1989, Kurt Spitzer and Associates ("KSA") is an established consulting firm that focuses on services for Florida local governments. Prior to forming KSA, I was employed by the Florida Association of Counties for 10 years, including four years as the Association's Executive Director. We have served as consultants to 24 entities studying or reviewing local government. With regard to county charters, we have served jurisdictions ranging in size from Wakulla and Columbia counties to Pinellas and Broward counties. In many of those projects we also assisted with public educational efforts after the charter or charter amendments were placed on the ballot. Please see the attached list of relevant clients. Although not directly related to county charters but so as to demonstrate knowledge of working with local governments, we have served as the consultant/facilitator to more than 35 projects redistricting the governing bodies of local governments in Florida, and have represented local government interests in the Florida Legislature and state agencies for 45 years. karts itz (0 0) 228-6212 Bob Shillinger July 14, 2023 Page two Example Services At the direction of the County Attorney's Office, we would provide some or all of the services listed below: ■ Assist in preparing an outline of sections of the charter to be discussed and its policy questions to be reviewed, including a timeline ■ Identify specific issues for review and examination by the County ■ Assist in drafting language for Charter, including alternative options and best practices to be considered for each section of the charter ■ Provide comparative information on charter county policies to County; research and prepare briefing papers for County ■ Perform research as directed by County Attorney ■ Participate in and/or facilitate meetings of the BCC when discussing the county charter; assist in building consensus within BCC on Charter ■ Participate in zoom or conference calls discussing charter language and/or policies with the County Attorney's office and others engaged in the project ■ Identify persons from other jurisdictions based on knowledge or experience to make presentations to BCC ■ Assist in drafting ballot question for publication ■ Provide assistance in preparing public information materials on final Charter for public ■ Prepare draft Final Report of the Charter recommendations to BCC ■ Coordinate and work with County Attorney on all tasks relating to Charter services and Charter development Fees We propose an hourly rate of$285 for time spent relating to the charter. We would bill the County monthly in arears. We do not anticipate any direct expenses relating to this effort unless in-person attendance at meetings in Monroe County is necessary. In instances where overnight travel is required,we would bill the County at a flat rate of$4,000 per meeting,including all travel, lodging and out-of-pocket expenses. Bob Shillinger July 14, 2023 Page three Please review and we can discuss this proposal in greater detail at your convenience. Thank you for your consideration. Sincerely, KUURT SPITZER and ASSOCIATES, Inc. Kurt Spitzer Attachments County Charter and Similar Proiects ■ Broward County Charter Review Commission ■ Columbia County Charter Commission ■ Columbia County Charter Review Commission (twice) ■ Deltona Incorporation Study Commission (municipal incorporation feasibility study) ■ Indian River County Commission (BCC proposed charter) ■ Lee County Charter Review Advisory Commission (three occasions) ■ Leon County Charter Study Committee ■ Leon County Charter Review Commission ■ Local Government Study Commission II, State of Florida ■ Okaloosa County Charter Study Commission ■ Pasco County Commission (BCC proposed charter) ■ Pinellas County Charter Review Commission (three occasions) ■ Polk County Charter Commission ■ Polk County Charter Review Commission (three occasions) ■ Tallahassee-Leon County Consolidation Commission ■ Taxation and Budget Reform Commission I, State of Florida ■ Wakulla County Commission (BCC proposed charter) KURTSPI-01 GADDONIZIO �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE D TE 10/11/2023Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International Florida PHONE FAX 1117 Thomasville Road (A/C,No,Ext): (850)386-1111 (A/C,No):(850)385-9827 Tallahassee,FL 32303 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:SOuthern-Owners Insurance Company 10190 INSURED INSURER B:Lloyd's of London 15792 Kurt Spitzer&Associates Inc. INSURER C: 5744 Braveheart Way INSURER D: Tallahassee,FL 32317 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR 78806691 7/1/2023 7/1/2024 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 2,000,000 X POLICY jECT1:1 LOC BY �" 2,000,000 �' ., ,. .��, r; ,�a1'1, ,- PRODUCTS $s OTHER: DATE, 10-11-2023 $ AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT WAIVER MA—YES— Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab MPL419830123 6/25/2023 6/25/2024 Limit Per Claim 1,000,000 B Professional Liab MPL419830123 6/25/2023 6/25/2024 Aggregate Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD