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12/20/1995 Agreement 1Dannp I. !tolbage BRANCH OFFICE 3117 OVERSEAS mGHWA Y MARAmON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS mGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: James Roberts County Administrator FROM: Attention: Sam Malinowski, Project Manager Ruth Ann Jantzen, Deputy Clerk ,IP~. Febmary 1, 1996 DATE: On December 20, 1995, the Board of County Commissioners granted approval and authorized execution of a Contract between Monroe County and Commonwealth Consulting Corporation, to assist the County In reference to United States Department of Defense Missile activities in the Florida Keys, in the amount of $1,200.00 per month. Enclosed please find a fuUy 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. Enclosure cc: County Attorney Finance File AGREEMENT By this Agreement entered into on the 20th day of December 1995, between Commonwealth Consulting Corporation (hereinafter Consultant) and Monroe County, Florida, the Parties agree as follows: 1, SCOPE OF EMPLOYMENT: Consultant will assist Monroe County by providing government relations, planning and public relations advice with respect to Department of Defense plans for Theater Missile Defense (TMD) activities which may impact the Florida Keys and the citizens of Monroe County, The principle components of the Consultant's support effort will be to keep Monroe County apprised of developments relative to the TMD activities and to provide assessment and recommendations to the County on possible courses of action, Where relevant, Consultant will assist the County in government liaison and implementation of agreed-upon objections, 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 Monroe County harmless from Consultant's failure to do so, Consultant will not lobby Congress directly, on behalf of Monroe County,:' \cl-'!'l 0\ I rT) o ~~ 2, TERM: This agreement in intended to be for a period of one year cOnithtmcin~n December 1, 1995, and ending on December 1,1996. At the end of this period, Moryoe 0 County shall have the option to extend the Agreement subject to a re.Degotiatidf'1J of :~~ terms, During the course of this Agreement should Monroe County wish to termimtte ,,, this Agreement, it shall so state in writing, Termination shall be effective 60 days ~er g receipt of said written notice of termination by Consultant. ;;: ;-; 'T, 3. FEE: As it is anticipated that the level of effort necessary to perform this Agreement will increase significantly at some point early in 1996, a two-tiered fee structure will apply, Progression from Tier 1 to Tier 2 will occur only upon mutual agreement of Monroe County and the Consultant: Tier 1 -- Early efforts of the Consultant on behalf of Monroe County will require only monitoring and liaison with the Executive and Legislative branches of the federal government. In return for the performance of Tier 1 services, Monroe County agrees to compensate Commonwealth Consulting Corporation $1,200 per month with $1,200 due upon signature of the contract and remaining fees payable monthly in arrears, Payment shall be made in U.S, dollars by check. Tier 2 -- Subsequently, however, it may be that a more vigorous and sustained effort on the scale of the 1995 base closure effort will be necessary. Should Monroe County elect to progress to a Tier 2 level of performance, Monroe County agrees to compensate Commonwealth Consulting Corporation $6,000 per month payable monthly in arrears, Payment shall be made in U.S, dollars by check. In addition to such fees, Monroe County shall reimburse Consultant for expenses such as courier, travel, long distance telephone, printing or unusual expenses incurred in connection with the provision of services under this Agreement. It is anticipated that the consultant will be required to travel to Monroe County one or more times. All travel must be approved by the County in advance, Further, Monroe County understands and agrees that if this Agreement shall be terminated for any reason, payment of all expenses and fees incurred to the termination date shall be made immediately, 4, MISCELLANEOUS PROVISIONS: . Governing Law: This Agreement shall be governed by the laws of the State of Florida both as to interpretation and performance, . Notice: All notices provided for herein shall be sent by certified mail, postage prepare, and addressed as follows: To Consultant: Commonwealth Consulting Corporation 9507 Beach Mill Road Great Falls, V A 22066 To Monroe County: County of Monroe 5100 College Road - Room 212 Public Service Building Key West, FL 33040 . Exclusivity: Consultant agrees not to enter into a client relationship on any TMD testing issue without prior approval of Monroe County, IN WITNESS WHEREOF, the Parties hereto by their respective and duly authorized officers, have hereunto set their names. (SEAL) Attest: DANNY L KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY.~~~~~}a<#C~l~ Deputy CI rk By ~Lt?-j;,hV_.a- ayor/Chairma (Corporate Seal) Attest: By i~~d (I~ BY{!~~~ ~cretaryrrreasurer ~~ APPROVED AS TQ>f8l~nt y COMMONWEALTH CONSULTING CORPORATION