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HomeMy WebLinkAbout2007-065 CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement ("Agreement" ) is entered into as of this 6th day of February, 2007 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida , 1840 25 n Street, Vero Beach , FL 32960 ("County") and Kurt Spitzer & Associates , Inc. , a Florida corporation , whose principal address is 719 E . Park Avenue, Tallahassee , FL 32301 ("Consultant"). BACKGROUND RECITALS A. The County has selected Consultant based on Consultant's Charter consulting experience as set forth on Exhibit "A" attached hereto and incorporated herein by this reference . B . Consultant is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below. C . The County and the Consultant wish to enter into this Agreement for the Charter consulting services as set forth below. NOW, THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , and intending to be legally bound hereby , the parties hereby agree as follows : 1 . DESCRIPTION OF SERVICES . The services that will be performed by Consultant pursuant to this Agreement are as set forth in Exhibit "B" attached hereto and incorporated herein by this reference in its entirety ("Services ") . 2 . ADDITIONAL SERVICES . The County may, but is not obligated to , request that additional Charter consulting services be added to the Services under this Agreement with compensation for any such additional Services to be negotiated based on pricing that is consistent with this Agreement. 3 . COMPENSATION . The County will pay Consultant for the Services the amount of Twenty Thousand Dollars ($20 ,000 . 00 ), plus up to Five Thousand Dollars ($ 5 , 000 . 00 ) for expenses , all subject to the terms of this Agreement. Proper Invoices , phased as set forth herein , shall be submitted to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. Invoices will be submitted by Consultant monthly, in equal amounts of $ 5 , 000 each , plus expenses as set forth herein , beginning on or about March 1St, 2007 and concluding July 1 , 2007 . Payment will be made by County to Consultant monthly in arrears . The Consultant shall include on the invoices any identifiable per diem , meals and lodgings , taxi fares , and miscellaneous travel-connected expenses for Consultant, incurred during the applicable month , subject to the limitations of F . S . section 112 . 061 , as may be amended from time to time . Travel expenses shall not be on a direct pay basis by the County. The Consultant shall also include on the invoices any identifiable expenses that are directly attributable to the Services under this Agreement, such as long distance telephone , copy charges , overnight mail , etc. , at the actual rate of such expenses . 1 4 . INSURANCE . The Consultant shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement , set forth in Exhibit "C" attached hereto and incorporated herein by this reference in its entirety, and such certificates of insurance have been approved by the County's Risk Manager. The cost of such insurance shall be included in the Consultant' s fee . 5 . TERM ; TERMINATION . 5 . 1 . This Agreement shall remain in effect until the Services are completed , and all final invoices submitted and paid , estimated to be December 31 , 2007 , subject to sooner termination as provided herein . 5 . 2 . This Agreement may be terminated : (a ) by the County, for any reason , upon at least thirty (30 ) days' prior written notice to the Consultant ; or (b ) by the Consultant, for any reason , upon at least thirty (30 ) days' prior written notice to the County; or (c) by the mutual agreement of the parties . 5 . 3 . In the event of termination , the County's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work under this Agreement, together with unreimbursed expenses as provided herein . Such payment shall be determined on the basis of the percentage of work complete as estimated by the Consultant and agreed upon by the County up to the time of termination , together with unreimbursed travel expenses as provided herein . In the event of such termination , the County may, without penalty, elect to employ other persons to perform the same or similar services . In the event of termination of this Agreement, the Consultant agrees to provide copies of any and all documents prepared by the Consultant for the County in connection with this Agreement. 6 . INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the parties hereto that the Consultant is and shall be , in the performance of all Services and activities under this Agreement. 7 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this Agreement. No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the County. 8 . SEVERABILITY. If any term or provision of this Agreement , or the application thereof to any person or circumstance shall , to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 2 9 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10 . PUBLIC RECORDS . The Consultant shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement. 11 . COUNTERPARTS . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 12 . GENERAL . The Background Recitals are true and correct and form a material part of this Agreement . IN WITNESS WHEREOF , the County and the Consultant have caused this Agreement to be executed in their respective names as of the date first set forth above . Consultant: INDIAN RIVER COUNTY KURT SPITZER & ASSOCIATES , INC . Board of County Commissioners By K rtSpitzer, P esident By Jfo QgiYE A , ( 1Jn A eph A. Baird , County Administrator Approved by BCC 2/6/2007 Appfove,d as to form and legal sufficiency: By V�V14 Marian E . e Assistant County Attorney 3 EXHIBIT A 1 KURT SPITZER Post Office Box 867 850/561 -0904 719 East Park Avenue (32301 ) 850/222-4124 (FAX) Tallahassee, FL 32302-0867 kurtspitzerCcD ksa net. net Summary Twenty-eight years experience in working with state and local government. Skills include organizational analysis, meeting planning , legislative relations , internal administration , development of new programs and services, oral and written communication , and internal/external consensus building . 1989 - Kurt Spitzer & Associates, Inc. President and owner. KSA is a governmental relations and management consulting firm specializing in services for non-profit associations and governments . Governmental services include legislative and state agency relations, financial and management analysis, studies of local government structure and finance. Management services include general association management, consensus building and long-range planning. 1979 - 1989 Florida Association of Counties, Inc. The Florida Association of Counties is a voluntary, nonprofit organization that represents county governments before the Florida Legislature and state agencies, and provides extensive training , educational and communication services to elected officials and appointed staff. Governed by a 50+ member Board of Directors and a five member Executive Committee. Served as Executive Director. Had also served as Chief Lobbyist and as Director of Training and Development. Responsibilities included: Formulation and management of the Association's budget, collection and investment of Association's revenue, and identification of new sources of income. Responsible for the overall management of two statewide conventions per year and numerous other education/training events. Statewide conventions draw 700+ people. Responsible for. the development, marketing and management of the Association's trade show held in conjunction with its statewide meetings. Responsible for building of consensus among the Association's committees and Board of Directors in its legislative policy development process . Direct the Association's legislative program. Coordinate the activities of 15+ individual county lobbyists during Legislative Session . Extensive speaking requirements in front of legislative committees and the general public. 479 1978 - 1979 Florida House of Representatives , Committee on Retirement, Personnel And Collective Bargaining Served as Legislative Analyst. Major duties included extensive oral and written communication relating to public sector employment in Florida. Responsible for the development and analysis of legislation affecting public sector employment and public sector employees in Florida. 1976 - 1978 Dixon, Shear, Brown & Stephenson, Attorneys at Law Served as Business Manager of 25+ member law firm . Responsible for the overall management of the business. Areas of responsibility included personnel , finance , building management, insurance , purchasing and accounting . 1974 - 1976 Florida Board of Regents , Office of Personnel & Faculty Relations Served as Research Associate in the statewide personnel office for the State University System . Major responsibilities included the development of personnel policies and procedures affecting faculty and staff employment within the system . Education : M . S . P .A . (Public Administration) Florida State University --- August, 1975 B .A . (Political Science and Biology) University of South Florida --- June, 1974 Current Memberships : American Society for Public Administration American Society of Association Executives Florida Society of Association Executives NAACP Tallahassee Chamber of Commerce Tallahassee Society of Association Executives FSU and USF Alumni Associations Personal : Born May 31 , 1952 . Raised in St. Petersburg area . Married with two children . Tallahassee resident since 1974. 481 Experience and References Charter Study and Review Commissions Below is a listing of charter study or review commissions that have engaged KSA to provide consulting services . In cases where county staff was actively involved with the commission, the primary county contact person' s name is identified along with that of the Chairperson. Entity. Year Deltona (Incorporation) Study Commission 1990 Mike Burton, Project Manager 2457 South Third Street Jacksonville Beach, FL 32250 904/247-0787 904/241 -7708 FAX Tallahassee-Leon County (Consolidation) Commission 1991 Parwez Alam, PE, County Administrator Leon County 301 South Monroe Street Tallahassee, FL 32301 850/488-9962 850/488- 1670 FAX Okaloosa County Charter Commission 1996 Steven Czonstka, Chairman 1221 Oakmont Drive Niceville, FL 32578 850/897-4775 850/897-4774 FAX Polk County Charter Commission 1998 Lisa Parks, AICP , Chair 157 Kenwith Court Lakeland, FL 33803 863/686-0377 863/686-0377 FAX Kurt Spitzer and Associates 481 Pinellas County Charter Review Commission 1998 and Alan Bomstien, Chair 2004-06 620 Drew Street Clearwater, FL 33755 727/461 -5522 727/447-4808 FAX Susan Churuti, County Attorney Pinellas County Commission 315 Court Street Clearwater, FL 33756 727/464-3354 727/464-4147 FAX Lee County Charter Review Advisory Commission 1999 and Rick Diamond, Chair 2004 5030 Harbortown Lane Ft. Myers, FL 33919 941 /433 - 1418 941 /489-3403 FAX David Owen, County Attorney Lee County Commission 2155 2"d Street, 6' Floor Ft. Myers, FL 33901 941 /335-2236 941 /335-2606 FAX Leon County Charter Study Committee 2000 Lee Vause, Chair PO Box 1236 Tallahassee, FL 32302 850/222-2340 850/681 -0697 FAX Kurt Spitzer and Associates 48 Columbia County Charter Commission 2002 Tom Brown, Esquire, Chair PO Box 2349 Lake City FL 32056 386/752-3213 386/755 -4524 FAX Polk County Charter Review Commission 2002 Dan Costello, PhD, Chair Post Office Box 2011 Winter Haven, Florida 33883 863/293 -2362 863/534-5505 FAX Columbia County Charter Review Commission 2006 Jessica Catherwood, Chair P .O . Box 1529 Lake City, Florida 32056- 1529 (386) 758- 1326 Kurt Spitzer and Associates 483 Other Related Experience Florida Association of Counties 1979- 1989 Kurt Spitzer was employed by FAC for over 10 years and as its Executive Director for four years . As Executive Director, he served as the chief spokesperson for county government in the state. During his tenure with FAC, Mr. Spitzer staffed numerous policy committees and developed an extensive comparative knowledge of county government throughout.Florida. Florida Taxation and Budget Reform Commission 1991 KSA was Project Manager of a team retained by the Florida Taxation and Budget Reform Commission in 1991 to determine the fiscal needs of local governments. The project examined trends in local government revenue and expenditure patterns from 1980 to 1989 , projected those trends through the year 2000, and made corresponding recommendations to the TBRC. Local Government Study Commission 11 1997 Florida' s second . commission examining local government retained KSA to provide expertise on local government finance, structure and service delivery . practices . The Study Commission was created by the Legislature to make recommendations for both statutory and constitutional changes affecting cities, counties and special districts . Redistricting 1999- 2002 KSA has been retained to assist numerous County Commissions, School Districts and City governments in redrawing the district boundaries of their governing boards. Kurt Spitzer and Associates 48d EXHIBIT B 1 A aG C �1�� � Basic Charter Consultant Duties 1 . Assist in setting schedule or timeline for the charter study project. Assist in identifying subjects and charter topics to be reviewed and discussed during each meeting or hearing. Prepare briefing documents for each meeting or hearing. Prepare draft agenda for each meeting or hearing. 2 . Maintain close and frequent contact with charter project point of contact designated as such by the county. 3 . Research and prepare briefing papers for charter study project. Identify issues for further review and examination. Perform additional research as directed. 4 . Assist in identify persons from other charter jurisdictions to testify at hearings or meetings depending upon topic to be discussed. Assist in scheduling community leaders to address charter topic. 5 . Provide comparative information on charter counties to the county and other interested persons, as directed by the county . 6. Staff and facilitate each meeting or hearing concerning the charter. Assist in building consensus concerning the charter process and charter document. 7. Prepare sample charter language for review, based on decisions made by the county . If necessary, work with outside counsel or county attorney on legal issues related to the charter. 8 . Prepare draft charter, ballot title and ballot question for review by outside legal counsel and consideration of the county . Final document to be prepared by legal counsel . 9 . Respond to questions and inquiries from members of the public, community leaders and area elected officials as necessary. 485 EXHIBIT C INSURANCE REQUIREMENTS Consultant shall , no later than February 12 , 2007 , provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A VII by A . M . Best , subject to approval by Indian River County' s risk manager, of the following types and amounts of insurance : (i ). Commercial General Liability Insurance in an amount not less than $300 , 000 combined single limit for bodily injury and property damage including coverage for premises/operations products/completed operations contractual liability and independent contractors: (ii ) . Business Auto Liability Insurance in an amount not less than $300 , 000 per occurrence combined single limit for bodily injury and property damage including coverage for owned autos and other vehicles , hired autos and other vehicles non-owned autos and other vehicles . 1 __ . )046 ZURICH F yNy F MARYLAND CASUALTY COMPANY 1 ADMINISTRATIVE OFFICES 1400 AMERICAN LANE SCHAUMBURG, ILLINOIS 60196 s a I I d PRECISION PORTFOLIO POLICY For KURT SPITZER & ASSOCIATES INC ? PO BOX 867 i TALLAHASSEE FL 32302 I j By ROGERS GUNTER VAUGHN INSURANCE 1117 THOMASVILLE RD TALLAHASSEE FL 32303 - 6223 In witness whereof, the MARYLAND CASUALTY COMPANY, a stock company, has caused this policy to be signed by its President and its Secretary at Baltimore, Maryland, and countersigned on the declarations page by a duly authorized representative of the Company. President Secretary SS5217 Ed. 05 - 01 ENDORSEMENT FLORIDA PROPERTY SURCHARGE-. A $4.00 surcharge is hereby added to the policy in accordance with the Florida Department of Revenue and the Florida Emergency Management, Preparedness and Assistance Trust Fund. The information contained below is required only when this endorsement is issued subsequent to - the preparation of the policy. •' TRANS. This endorsement forms a part of Issued to POLICY NO. PAS 41677411 KURT SPITZER 8 ASSOCIATES INC a a�' And is effective on and after Term Effective Date Expiration Date 12/21 /2006 12/21 /2007 Co. B.O. Producer Branch Office Agent SB 02061844 SOUTHWEST FLORI ROGERS GUNTER YAUGHN INSURANCE Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as herein set forth. Authorized Representative EMPATF Tax (0593) HILL 9p.H1Gy NUwE.R, TC .'; PRpOUEq NUNIHER' AC ACGOUN7 NU(u1HER ALlb1T k.�o. . 0 PAS 41677411 1 02061844 481 01100 NONE ;` . BRANCH SB SOUTHWEST FLORI ANNIVERSARY EFF 12 /21 / 2006 ZURICH ` PRECISION PORTFOLIO POLICY ' COMMERCIAL GENERAL LIABILITY DECLARATIONS PRECISION AMERICA w. OFFICE PROGRAM This coverage part consists of this declarations form, the common policy conditions, and y: the coverage forms and endorsements indicated as applicable on the forms list. 1 COV FfiAG6S .A, 10 9.1MIT5' OF WSURAIUC . Some of these coverages are sublimits or are subject to aggregate limits. Refer to your policy to determine how they apply. GENERAL AGGREGATE $2 , 900 , 000 PRODUCTS AND COMPLETED OPERATIONS AGGREGATE 82 , 0001000 EACH OCCURRENCE $1 , O0O , 000 TENANTS LEGAL LIABILITY $1 ; D00 , 000 MEDICAL EXPENSES - EACH PERSON E 10 , 000 HIRED AND NON-OWNED AUTOMOBILE LIABILITY $1 , 000 , 009 lrj` y' fixIN w5' COMMERCIAL GENERAL LIABILITY ' ssaooe ea. s - oo INSURED ' S COPY 11 /15/2006 � g[VEJT z Of INDIAN RIVER COUNTY it�LOR►DPt ATTORNEY William G. Collins II, Counry Attorney Marian E. Fell, Assistant Gounry Attorney William K DeBraal, Assistant Counry Attorney MEMORANDUM To : Clerk to the Board of County Commissioners r*� From : Lea R . Keller, CLA, Legal Assistant Date : February 13 , 2007 Re : Original Signed Consultant Services Agreement Item 13-E-2 — BCC Agenda 2/06/2007 Attached , for the County's permanent records , is the executed original Agreement for the Chater consultant services between the County and Kurt Spitzer. Attachment cc: Finance Department